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Photograpliic 

Sciences 

Corporation 


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CIHM/ICMH 

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Canadian  institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historlques 


Technical  and  Bibliographic  Notes/Notes  techniques  at  bibliographiques 


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Couverture  restaur6e  et/ou  pelliculAe 


n 
n 
n 


n 


Cover  title  missing/ 

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to 


D 
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The  last  recorded  frame  on  each  microfiche 
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L'exemplaire  film*  fut  reproduit  grice  k  la 
g^nirositA  de: 

McLennan  Library 
McGill  University 
Montreal 

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plus  grand  soin,  compte  tenu  de  la  condition  at 
de  ie  nettet*  de  I'exemplaiie  filmA,  at  en 
conformity  avec  lee  conditions  du  contrat  de 
filmage. 

Les  exemplaires  origineux  dont  la  couverture  en 
papier  est  imprimis  sont  fllmte  en  commen^ant 
par  ie  premier  plat  at  en  terminant  soit  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d'impreesion  ou  d'illustration,  soit  par  ie  second 
plat,  salon  Ie  caa.  Tous  les  sutres  exemplaires 
origineux  sont  filmte  en  commen^ant  par  la 
premlAre  pege  qui  comporte  une  empreinte 
d'impreesion  ou  d'illustration  at  en  terminant  par 
la  dernldre  page  qui  comporte  une  telle 
empreinte. 

Un  dee  symboles  suivants  apparaltra  sur  la 
dernlAre  Image  de  cheque  microfiche,  selon  ie 
cas:  Ie  symbols  -*- signlfle  "A  SUIVRE ',  Ie 
symbols  V  signlfle  'FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  fttre 
filmte  A  dee  taux  de  reduction  diffirents. 
Lorsque  Ie  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  cliche,  ii  est  film*  A  partir 
de  i'angle  supArieur  gauche,  de  gauche  h  droite, 
et  de  haut  en  baa,  en  prenant  ie  nombre 
d'images  nteeesaire.  Les  diagrammes  suivants 
illustrent  la  m^thode. 


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2 

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'^^<-^««^^;y 


THE  BANISHED  BRITON 


AND 


KTMP^IffKriEAH, 


No.!. 


To  f/i^  Honorable  House  of  Representatives  of  Massachu- 
setts, in  General  Court  assembled: 

THE  PETITION  OF  ROBERT  FLEMING  GOURLAY 
^timbla  Sljotnetl), 

That  your  Petitioner  is  a  native  of  the  Parish  of 
Ceres,  m  the  County  of  Fife,  Scotland; 

That,  he  was  employed  by  the  British  Government 
m  the  years  1800  and  1801,  to  travel  through  certa-i 
parts  of  England,  and  report  as  to  plans  for  betterii.a 
the  condition  of  the  laboring  Poor; 

That,  he  did  report  in  the  month  of  March,  1801,  and 
that,  soon  after,  a  Bill  was  brought  into  the  House  of 
Lords,  by  the  President  of  the  Board  of  Agriculture,  to 
accomplish  what  your  Petitioner  had  proved  beneficial; 
but  the  Bill  was  thrown  out,  and  for  ten  years  thereafter 
the  Poor  were  despoiled  of  their  property  and  rights, 
tm,  m  tact,  the  greater  part  were  reduced  to  hopeless 
paupensm ; 

That,  your  Petitioner,  foreseeing  miserable  conse- 
quences, did,  in  the  same  year,  1801,  devote  his  hfe  to 
Detteriug  the  condition  of  the  Poor  of  England :  has  con- 


tinned  trae  to  that  resolve  ;  nor  has  he  yet  abandoned 
his  object. 

That,  in  the  year  1817,  he,  with  others,  had  a  petition 
presented  to  the  House  of  Commons,  exhibiting  a 
scheme  for  reUef  of  the  Poor  ;  but  complete  fulfilment 
requiring  Emigration,  your  Petitioner  left  home  the 
same  year,  intending  to  land  at  New  York,  there  to  es- 
tabhsh  an  Emigration  Society,  and  to  explain  to  the 
people  of  the  United  States  his  projects ;  but  accident 
landed  him  in  Canada,  and  gave  rise  to  other  projects 
for  the  same  end ; 

That,  in  prosecuting  these  objects,  your  Petitioner 
stirred  up  jealousy  in  the  Province,  and  was  driven  out 
of  it  ; 

That,  he  went  on  petitioning  the  British  ParUament, 
during  seven  years,  viz.  from  the  year  1820  till  1827, 
inclusive,  to  draw  attention  to  his  benevolent  designs, 
without  avail,  and  did,  thenceforth,  turn  his  attention 
again  to  America  for  countenance  ; 

That,  he  recrossed  the  Atlantic,  1833,  again  intend' 
ing  to  establish  Emigration  Societies,  but  political  fer- 
ment did  then  and  till  now  render  all  hopeless ; 

That,  the  late  treaty  with  Great  Britain  has  once  more 
revived  hope,  and  he  would  be  happy  to  lay  his  projects 
before  the  people  of  the  United  States,  still, 

That,  the  sole  object  of  this  Petition  is,  to  record  the 
above  facts,  with  a  view  to  after  reference,  and  he  now 
respectfully  entreats  your  Honorable  House  will  receive 
and  preserve  this  Petition  in  order  thereto : 

And  he  will  ever  pray. 

ROBERT  F.  GOURLAY, 

Marffforp'  Hotel,  Boston,      ) 
February  20,  1843.  J 


N.  B.    Presented  same  day,  by  Obed  Barney  of  Nan- 
tucket, and  received. 


TESTIMONIALS.* 


TO  CULTIVATORS  OF  WILTSHIRE. 

■   ^J-  ^'i'^'l^y'  \**?T°f  I^eptford  Farm,  now  a  candidate  for  the  Chair  of  Agriculture 
in  the  Edinburgh  University,  invites  the  Cultivators  of  Wilts,  to  consider  whether 
he  may  be  qualified  to  fill  that  honorable  situation. 
PublUhtd  in  Salitbury  Journal,  January  17,  1831. 


We  the  undersigned.  Cultivators  of  land  in  the  County 
written  opposite  our  names  respectively,  are  of  opinion, 
have  heard,  that  Mr.  Gourlay  is  well  qualified  to  discharge 
mentioned  very  important  and  highly  honorable  situation. 

H.  Biggs  of  Stockton  House,  occupying 

John  Davis  of  Bapton, 

John  Davis,  Fisherton  Delamere, 

Robert  Pinckney,  Berwick  St.  James, 

John  Marsh,  Heytesbury, 

James  Slade,  Codford  St.  Peters, 

Thomas  Chandler,  Ashton  Gifford, 

Ambroze  Patient,  Corton, 

John  Lush,  Warminster, 

John  Bennet,  Codford, 

Thomas  Bennet,  Stockton, 

William  Bennet,  Codford, 

James  Maton,  Maddington, 

John  Perrior,  Wily, 

William  Futcher,  Tevant, 

Morgan  Blandford,  Sutton, 

All  residing  within  ten  miles  of  Deptfbrd 


df  Wilts,  to  the  extent 
from  all  we  know  and 
the  duties  of  the  above* 

1,200  acr'js. 

1,200 

1,800 

1,800 

1,500 

800 

700 
1,000 

800 
1,200 

600 

500 
1,500 


Farm. 


400 
000 


NOTE. 

Finding,  on  my  return  froin  Upper  Canada,  that  my  whole  property  was  out  of 
possession,  I  resolved  to  enter  as  a  student  of  Law  in  London ;  but  on  consulting 
my  friend,  now  (1836)  Sir  John  Campbell,  Attorney  General  of  England,  (now 
1S43  elevated  to  the  Peerage,  and  sitting  in  ^he  House  of  Lords,)  he  told  me  that 
the  Benchers  would  not  admit  me,  because  j  the  sentence  of  banishment  from 
Upper  Canada. 

In  the  year  1823  I  was  advised  by  a  friend  to  lecture  in  London  on  Rural  Econ- 
omy; but,  then,  tortured  with  lawsuits  in  the  Court  of  Chancery  and  House  of 
Lords,  I  could  not  give  steady  attention  to  anything. 

When  the  London  University  was  erecting,  I  wrote  to  Mr.  Hume,  one  of  the 
Directors,  offering  myself  for  a  Chair  of  Agriculture;  and,  under  date  July  27 
1827,  wrote,  thus,  to  a  friend  in  Scotland  {the  letter  is  printed  in  the  Record  ofmypri' 
vote  affairs) :— "  as  soon  as  my  affairs  are  settled,  I  mean  to  start  as  a  Land  Agent ; 
and  my  plan  is  to  cross  the  Atlantic  annually.    Joined  to  that,  I  desire  to  be  Pro- 


*  Two  hundred  copies  of  these  and  other  testimonials  were  printed  in  Scotland,  in 
1831.  One  copy  was  brought  to  America,  and  a  selection  reprinted  at  Cleveland,  OMo, 
in  1636,  with  the  above  note. 


fesior  of  Agriculture  in  the  London  University,  and  shall,  this  day,  dispatch  (or 
my  daughters  a  newspaper,  conlaining  a  letter  of  mine  on  that  subject,  which  I 
wish  published  in  the  Fife  Herald.  I  have  been  a  constant  student  in  this  place, 
( Cold  Bath  Fields  State  Prison,)  and  am  really  better  qualified  than  ever  for  any 
undertaking.  I  have  kept  up  correspondence  with  the  United  States  and  Canada, 
where  my  present  persecution  will  be  even  beneficial  to  me  ;  and  an  Assemblyman 
of  the  latter  country,  now  in  London,  gives  me  good  assurances."  Mr.  Hume  in- 
quired and  informed  me,  that  there  was  to  be  no  Chair  of  Agriculture  in  the  Lon- 
don University. 

The  day  that  the  death  of  Doctor  Coventry,  who  had  been  Professor  of  Agricul- 
ture in  Edinburgh  from  the  foundation,  nearly  forty  years,  was  announced  in  th« 
newspapers,  (December  22,  1 S30,)  I  addressed  a  letter  to  the  Lord  Provost,  offer- 
ing myself  as  a  candidate,  and  requesting  him  to  lay  my  letter,  with  accompanying 
documents,  before  the  Council. 

Immediately  after  this,  I  had  various  articles  printed  and  circulated  among  the 
Cultivators  of  Fife  and  Wiltshire,  that  they  might  judge  of  my  qualifications  for 
the  Professorship:  — further,  I  dispatched,  and  had  published,  in  the  Salisbury 
Journal,  what  appears  above  ;  and  the  testimonial,  signed  by  the  Cultivators  of  Wilt- 
shire, reached  me  on  the  5th  February,  1831,  —  the  day  after  a  Professor  (Mr.  Low) 
was  elected  by  Delegates  from  the  College,  Town  Council,  and  Court  of  Session.* 
Will  it  be  believed,  that  these  gentlemen,  met  thus  early  and  before  it  was  pos- 
sible for  candidates  rightly  to  appear  in  their  own  behalf:  nay,  when  many,  quali- 
fied, throughout  the  Island,  had  scarcely  time  to  apply  for  the  Chair  ;  —will  it  be 
believed,  that  such  grave  personages  could  meet  and  settle  this  point,  of  which  not 
one  of  them  could  be  a  competent  judge  without  much  consultation  with  others ;  — 
will  it  be  believed,  that  they  could  meet  and  record,  in  their  minutes,  that  "  Mr. 
Low"  was  "the  most  accomplished  and  best  qualified  of  the  candidates"  (six  in  num- 
ber) ;  —  will  it  be  believed,  that  they  could  do  this,  and  not  even  look  into  the  docu- 
ments sent  by  me  for  inspection  ;  —  will  it  be  believed,  that  the  Lord  Provost  sup- 
pressed my  letter  till  members  of  the  Town  Council  had  pledged  themselves  to 
other  candidates ;  —  will  it  be  believed,  that  my  documents  were  returned  to  me 
vnopened !  I  » 

It  is  all  true,  as  I  can  prove  by  official  correspondence  ;  and  it  was  to  expose 
this  shameful  conduct  that  I  then  applied  to  my  friends  for  certificates  of  character, 
of  which  I  obtained  <en  from  University  Professors,  one  from  a  Civil  Engineer, 
seven  from  Clergymen  of  the  Church  of  Scotland,  three  from  men  of  business  ; 
besides  many  from  Agriculturists  of  the  highest  reputation,  both  in  Scotland  and 
England  ;  and,  lastly,  from  old  servants,  to  whom  I  give  the  first  place.  I  applied 
for  the  Chair,  chiefly,  that  I  might  have  opportunity  of  putting  to  shame  the  infa- 
mous  scandals  against  which  I  had  so  long,  and  am  still,  contending— thinking 
there  might  be  a  comparative  trial,  before  actual  Cultivators.  Even  had  I  obtain- 
ed the  Chair,  I  should  not  have  given  up  my  present  pursuits  ;  and  having  thus 
lost  it,  may  I  hope,  that,  I  shall  be  yet  better  fot  the  loss,  —  more  disentangled  for 
the  pursuit  of  greater  objects. 


The  Chair  of  Agriculture  was  endowed  by  Sir  William  Poulteny  Johnson  ;— the 
same  who  began  the  settlement  of  the  Genesee  country  (Western  State  of  New 
York)  by  his  agent,  Captain  Williamson.  He  ordered,  that  three  Deputies  from 
the  Court  of  Session  — the  Town  Council,  and  Senatus  Academicus,  should 
meet  — nme  in  number—  to  elect  the  Professor.  No  doubt,  concluding,  that  jus- 
tice  would  thus  be  secured,  ari  the  publ':  best  served.     BehoW  the  practical 

issue  •  • 


FARM  SERVANTS. 


1  was  bred  to  husbandry  in  Berwickshire,  and  before  taking  a  farm  for  mvi.».|f 
went  to  England  in  1S13,  for  the  purpose  of  acquiring  more  ^corfecT  knoSe' 
and  was  two  years  in  th- service  of  Mr.  Gourlay.on  Deptford  Farm  Wilts  I  hfst 
ho|d  turnips,  and  a  premium  of  ten  guineas  was  gained  for  a  field  of  twelve  acres 
of  Swedish  turnips,  the  greater  part  of  which  was  hoed  by  me.  I  afterwards  hfeld 
a  plough,  and  gained  the  highest  prize  at  a  ploughing  match 

.itK^'^^T'^^i^*'  """"^  respected  in  Wiltshire,  and  well  liked  by  his  servants, 
although  they  did  more  work  than  those  on  any  other  farm.  Deptford  Farm  was 
cultivated  in  a  very  superior  style,  and  every  operation  upon  it  was  most  corrertly 
performed.  Indeed,  in  no  part  of  the  kingdom,  have  I  seen  some  ,  erations  sb 
well  performed;  nor  cou  d  I  have  been  master  of  them  without  practising  as  I 
did,  in  Mr.  Gourlay's  service.  Fiai-uaiiij,,  as  i 

Beechwood,  near  Edinburgh,  Feb.  1.5,  1831.  ^    " 

I  was  bred  to  husbandry  labor  under  my  father,  xvho  occupied  a  small  farm  in 

In^ffn  nlff^f  •/''^'''^"■^v^^"u'?' '"  T^^  "T"S^««d  to  go  with  horses  and  im^le" 
ments  to  Deptford  Farm  in  Wiltshire,  where  I  remained  in  the  service  of  Mr  Gour- 
lay  tili  pctofier  1818.  At  first  I  held  a  plough,  but  for  the  greater  part  of  the  term 
superintended  the  farm  operations.  ^ 

Deptford  Farm  was  very  foul  and  irregularly  laid  out  when  we  took  possession, 
but  was  improved  to  the  utmost  by  Mr.  Gourlay;  and  I  have  never  seen,  either  in 
bcotland  or  England,  anv  farm  so  clean  as  it  became,  or  so  systematically  man- 

^?wu  u-  u^''?"^  '"'f  '^^^^^  "°^  ^°  answer.     Mr.  Gourlay  then  introduced 

into  Wiltshire  a  wheel  plough,  which  was  afterwards  very  generally  used  in  that 
country.  With  this  plough  many  of  Mr.  Gourlay's  servants,  both  English  and 
Scotch  gamed  premiums  for  him  and  themselves,  at  the  ploughing  matches  of  the 
Bath  and  Wiltshire  Agricultural  Societies. 

i,7m'  u-^'^^t  ""''^'"  ^^^  ^^'"^  ^°°^'  ^'^^  ^'-  Gourlay  seven  years  of  mv  service  in 
Wiltshire,  I  can  safely  affirm  that  his  whole  establishment,  in  and  out  of  doors 
was  conducted  in  the  most  orderly  manner.  He  was  generally  held  in  hieh  re- 
spect by  all  classes,  and  particularly  well  liked  by  his  servants 

Mr  Gourlay  left  home  for  Canada  in  1S17,  all  his  affairs  being  then  in  the  best 
possible  order,  and  not  a  farthing  due  to  any  one  in  Wiltshire,  so  far  as  known  to 
me.  In  the  month  of  October  following,  agents  of  the  Duke  of  Somerset  beset  the 
larm,  unexpectedly  demanding  a  half  year's  rent,  just  then  become  due,  and  greatly 
?Ju-T  i?'''"^-  po'"l^y.  by  threatening  to  distrain  on  the  furniture  of  the  house  * 
J.  his  half  years  rent  could  have  been  paid  from  sales  of  grain  in  a  few  days  there 
being  two  threshing-machines  on  the  farm  ;  but  the  Duke's  people  would  not  suf- 
fer the  grain  to  be  threshed,  and  obliged  Mrs.  Gourlay  to  satisfy  them  otherwise 
which  greatly  distressed  her;  and,  in  continued  alarm,  she  abandoned  the  farm' 
before  another  half  year's  rent  became  due.  To  all  this  I  am  ready  to  give  mv 
affidavit  if  required.  •'         °  •' 


jluchiemmchty,  4th  March,  1631. 


JOHN  MUIRIE. 


^Famboroiigh  Park,  Hampshire,  9th  May,  1831. 
1  was  bred  to  husbandry  labor  in  Fifeshire,  and  was  in  the  service  of  Mr  Gour- 
lay on  Deptford  Farm,  Wilts,  six  years.    That  farm  was  managed  in  the  most  per- 
fect manner,  and  there  I  learned  much.    The  Scotch  plough  taken  to  England  by 


♦The  Duke  owed  me  a  balance  of  £385  when  I  left  home,  considerably  above  the  amountof  rent, 
ai:u  ihal  iiot  due  till  six  raonthi  alter  ray  depwture  for  Canada.  R  F.  G 


6 

Mr.  Gourlay,  was  found  not  to  answer ;  and  Mr.  G.  adopted  an  English  plough  of 
improved  construction,  with  which  I,  and  others  of  his  servants,  gained  premiums 
at  the  ploughing  matches  of  the  Agricultural  Society;  and  this  plough  was  there- 
by introduced  into  very  general  use  in  Wiltshire. 

I  never  saw  labor  conducted  belter,  or  laborers  more  cheerful  and  obedient,  than 
all  were  on  Deptford  Farm  ;  and,  undoubtedly,  if  Mr.  Gourlay  had  enjoyed  quiet 
possession,  he  would  have  had  a  profitable  concern  of  it.  "When  he  was  abroad, 
agents  of  the  Duke  of  Somerset  frightened  Mrs.  G.  about  the  payment  of  half  a 
year's  rent,  which  could  have  been  obtained  from  sales  of  produce  in  a  few  days ; 
but  the  agents  would  not  suffer  the  threshing  to  proceed,  and  the  farm  was  given 
up  to  another  tenant,  when  it  was  in  the  highest  condition. 

I  continued  in  Mr.  Gourlay's  service  till  October  1818,  and  with  Mr.  Andrews 
(the  sub-tenant)  till  October  1819. 

If  required,  I  am  quite  willing  to  attest  what  is  here  written  on  oath. 

ROBERT  KENINMENT, 
Bailiff  to  George  Morant,  Esquire. 


PRACTICAL  FARMERS. 


^pril  11,  1831. 

We,  the  undersigned,  were  well  acquainted  with  Mr.  Robert  Gourlay  in  early 
life.  His  conduct  was  then  that  of  a  gentleman  ;  and  though  we  have  been  in  his 
company  at  all  hours,  we  never  for  a  moment  saw  him  out  of  humor. 

His  father  being  without  question  the  most  public  spirited  proprietor  of  land  in 
the  county,  and  most  extensive  improver,  he  had  great  advantaf  ^s  as  to  instruc- 
tion ;  and  was,  before  he  left  Scotland,  generally  allowed  to  be  a  good  practical 
farmer. 

Within  the  last  three  years  he  has  often  visited  us  ;  and  after  all  the  hatsb  treat- 
ment he  has  met  with,  we  find  him  of  the  same  amiable  disposition  as  formerly, 
and  still  glowing  with  the  spirit  of  philanthropy. 

Respecting  his  abilities  to  have  filled  the  honorable  and  important  situation  of 
Professor  of  Agriculture,  we  are  of  opinion,  that  after  his  many  experiences  in 
England  and  America,  few  indeed  could  be  better  qualified. 

JOHN  PITCAIRN,  J.  P.  Kinnaird, 
FRE:i)'K  JOHNSTON,  Nisbetfield. 

9tk  April,  1831. 
We,  the  undersigned,  were  intimately  acquainted  with  Mr.  Robert   Gourlay^ 
when  he  rented  Pratis  from  his  father,  living,  as  we  still  do,  within  three  miles  of 
that  farm.    All  of  us  then  regarded  him  as  an  intelligent  and  enterprising  farmer  t 
and  he  was  much  esteemed  in  the  neighborhood. 

Within  the  last  three  years  he  has  often  visited  us  ;  and  upon  every  occasiori 
we  have  found  him  friendly,  agreeable,  and  well  informed.  Considering  his  very 
liberal  education  and  rare  experiences,  we  are  of  opinion,  that  he  might  have  filled 
the  Chair  of  Agriculture  with  honor  to  himself  and  benefit  to  the  public. 

WM.  BALFOUR,  Bandkhead. 
JAMES  LESLIE,  Largo. 
ALEX.  LESLIE,  Largo. 
HALL  PRINGLE,  Hattori. 


Blaconhail,  February  14,  1831. 

I  have  been  intimately  acquainted  with  Mr.  Gourlay,  now  a  candidate  for  the 
Professorship  of  Agriculture  in  the  University  of  Edinburgh,  for  upwards  of  twen- 
ty years.  I  have  staid  weeks  together  with  him  while  he  occupied  Deptford  Farm 
in  Wiltshire,  and  he  has  freouently  since  then  staid  equal  periods  of  time  on  my 
farm  near  Chester. 

In  the  year  1825  I  surveyed  Deptford  Farm  along  with  Mr.  James  Smith,  an  in- 
telligent farmer  of  Hampshire,  and  made  affidavit,  along  with  him,  that  the  re- 
mainder of  Mr.  Gourlay's  lease  was  worth  £1,200. 


Mr.  Gourlay  made  very  great  improvements  on  that  farm ;  and,  considering  all 
that  1  know  of  him,  — his  hberal  education,  his  practical  experiences  as  a  farmer 
in  Fife  and  Wiltshire,  his  travels  in  America,  and  mature  years,  — I  should  think 
him  well  qualified  to  fill  the  important  situation  of  Professor  of  Agriculture 

WILLIAM  MURRAY. 

^_power  Lodge  {Irvine,  Ayrshire),  IQlhFebruary,  1831. 

Mr.  Gourlay,  late  a  candidate  for  the  Chair  of  Agriculture  in  the  University  of 
Edinburgh,  having  applied  to  me  srme  years  ago  for  a  certificate  of  character  I 
wrote  thus  :  •'  I  have  known  Mr.  Gourlay  since  the  year  1799,  .vhen  he  staid  wi'th 
me  some  months  on  the  farm  of  Granton  near  Edinburgh,  in  order  to  notice  the 
general  practice  of  husbandry  in  Midlothian.  In  the  year  1800  we  travelled  to- 
gether through  a  great  part  of  England  and  Wales,  and  ever  since  have  kept  up 
correspondence.  I  have  found  him  on  all  occasions  to  posse  s  a  shrewd  and  intel- 
ligent mind,  and  of  a  gentlemanly  mild  temper,  and  most  peaceable  habits. 

Respecting  his  ability  to  perform  the  important  duties  of  an  Agricultural  Pro- 
fessor, I  am  confident  that  few  men  have  more  information  on  the  subject,  have 
seen  more  actual  operations  in  farming,  or,  are  more  able  to  impart  ideas  in  that 
complicated  science. 

He  has  frequently  been  with  me  in  the  course  of  these  last  three  years,  and 
though  hard  borne  down  by  untoward  circumstances,  yet  his  judgment  appears 
to  be  as  vigorous  and  unimpaired  as  ever. 

GEORGE  ROBERTSON. 

N.  B.  I  have  more  testimonials  from  F.  ^-tical  Farmers,  but  the  above  suffice. 


CIVIL  ENGINEER. 


For  two  years  I  have  been  in  habits  of  intimacy  with  Mr.  Robert  Gourlay.  and 
during  that  time  enjoyed  many  conversations  with  him  on  a  great  variety  of  sub- 
jects, as  agricu.ture,  emigration,  poor-laws,  tythes,  American  colonies,  &c.  &c. 
On  all  such  topics  he  manifests  a  vast  fund  of  information,  and  a  strong  devotion 
to  the  best  interests  of  humanity.  I  have  also  read  a  variety  of  productions  of 
which  Mr.  Gourlay  is  the  author,  in  which  he  has  displayed  a  powerful,  versatile, 
and  penetrating  mind. 

To  a  vast  rai.ge  of  other  accomplishments,  Mr.  Gourlay  adds  comprehensive 
ideas  on  inland  communication,  and  great  ingenuity  of  conception  in  combining 
utihty  with  the  grand  and  the  beautiful.  His  plans  for  the  improvement  of  Edin- 
burgh, are  at  once  striking  and  origind  ;  presenting  the  most  eligible  lines  for  in- 
tercourse yet  pointed  out. 

Mr.  Gourlay's  amiable  disposition,  agreeable  address,  his  perseverance  under  all 
discouragement,  and  his  whole  deportment  cannot  be  advantageously  stated  in  any 
encomium  of  mine.  I,  therefore,  only  add,  that  1  feel  much  gratification  in  having 
intercourse  with  such  a  man. 

„,.  ,  ,  JAMES  FU^T,  Civil  Engineer. 

5  Terrace,  Edinburgh, ) 
24th  March,  1831.         J 


MEN   OF  BUSINESS. 


N.  B.  — James  Lawson,  W.  8.,  Edinburgh;  John  Fergusson,  Wine  Merchant,  Leith; 
and,  John  Baird,  Shoiis  Iron  Works  —  aU  of  tu/iom  being  conversant  with  my  private 
affairs,  gave  testimonialt  as  to  thae. 


MINISTERS  OF  THE  KIRK  OF  SCOTLAND. 


i^ 


Camwath  MansCj  March  3,  1831. 

That,  Mr.  Robert  Gourlay  has  been  known  to  me  since  the  year  1793,  when  we 
met  at  St.  Andrew's  College : — that,  though  not  attending  the  same  classes,  so  as 
to  be  able  to  form  a  judgment  for  myself,  I  always  understood  him  to  hold  a  high 
place  among  those  of  his  own  standmg ;  and,  that,  I  know  his  manners  were  those 
of  the  most  prepossessing  character. 

That,  after  his  leaving  college,  I  had  occasion  to  know,  from  residing  near  him, 
that  he  was  a  most  intelligent  and  enterprising  agriculturist,  and  held  in  high  es- 
teem by  those  of  the  same  profession  in  his  neighborhood. 

That,  I  had  not  met  him  for  many  years  till  1S29,  when  we  renewed  our  ac- 
quaintance ;  and,  since  that  year,  that  I  have  spent  days  in  his  company,  which 
has  completely  dissipated  the  prejudice  I  had  imbibed  against  him  from  the  ac- 
counts given  of  him  in  the  newspapers.  That  I  have  no  hesitation  in  now  stating, 
that  I  consider  him  one  of  the  most  pleasant  and  most  intelligent  men  I  have  met 
with  : — that  his  fund  of  information  respecting  the  state  of  England  and  America, 
is  more  ample  than  that  of  any  individual  I  have  known  ;  and  that  his  conduct 
and  character  have  been  such  as  becomes  a  gentleman,— is  attested  by 

JA.  WALKER,  Minister. 

Some  years  ago  Mr.  Gourlay  applied  to  me  for  a  certificate  of  character,  and  I 
wrote  to  him  as  follows  : 

"  From  what  I  knew  of  you,  when  I  studied  at  the  University  of  St.  Andrews, 
and  lived  in  your  father's  family  during  the  summer  season  at  Craigrothie,  thirty 
years  ago,  I  should  never  have  anticipated  the  events  which  have  befallen  you 
since,  and  far  less,  that  your  judgment  would  have  been  called  in  question  by  any 
individual  or  set  of  men,  among  whom  you  might  be  placed.  Though  your  opin- 
ions on  all  subjects  might  not  entirely  coincide  with  mine,  yet  I  always  entertain- 
ed a  high  respect  for  your  judgment,  which  I  considered  sound  and  vigorous,  tem- 
pered at  the  same  time  with  much  candor  and  modesty." 

Within  the  last  three  years,  Mr.  Gourlay  has  repeatedly  visited  me  at  Libberton, 
and  I  have  enjoyed  a  good  deal  of  his  society  both  here  and  elsewhere.  The  re- 
sult of  these  interviews  has  impressed  me  with  a  still  higher  opinion  both  of  his 
head  and  heart,  than  1  had  formed  beforehand,  favorable  as  my  sentiments  respect- 
ing him  have  always  been  ;  and  I  can  say,  with  truth,  that  I  have  met  with  few 
or  none  in  my  intercourse  with  mankind,  who  seem  to  have  profited  more  by 
the  varied  scenes  through  which  he  has  passed,  or  to  have  surmounted  the  many 
severe  trials  and  difliculties  which  have  assailed  him,  with  such  conduct,  courage, 
and  constancy,  as  Mr.  Gourlay.  Besides  the  advantages  of  natural  talents  and  a 
liberal  education,  his  understanding  has  been  subsequently  much  strengthened 
and  enlarged  by  travel,  and  extensive  intercourse  with  Inen  and  manners,  which 
have  increased  his  store  of  knowledge,  and  furnished  him  with  a  fund  of  informa- 
tion, a  command  of  language,  and  a  vigor  of  thought  not  often  to  be  found.  In  a 
word,  he  appears  to  me  to  be  a  man  of  amiable  dispositions  and  superior  talents, 
who.  by  some  untoward  destif'y,  has  not  hitherto  met  with  his  due  desert.  The 
above  is  attested  by 

ALEXANDER  CRAIK. 

Libberton  (Lanarkshire)  Manse,  March  4,  1831. 


Manse  of  Falkland,  March  4,  1831. 
I  hereby  certify,  that  I  was  at  school  and  college  in  St.  Andrews  with  Mr.  Rob- 
ert Gourlay  seven  years  ;  that  he  was  then,  so  far  as  my  recollection  goes,  lively 
and  agreeable  in  his  manners,  beloved  by  his  companions,  and  respected  by  his 
teachers; — that,  during  his  residence  in  England  and  America,  stron"^  nre-udices 
were  generated  against  him  by  newspaper  reports;— that,  having  often  seen  and 
conversed  with  him  during  the  last  three  years,  I  have  much  pleasure  in  stating, 


that  these  prejudices  have  been  removed  from  my  mind ;  and  that  I  have  been  im- 
pressed with  a  favorable  opinion  of  the  kindness  of  his  disposition,  the  vearmth  of 
his  heart,  and  the  variety  and  extent  of  his  information. 

WILLIAM  THOMPSON. 

Manse  of  Kirkaldy,  March  28,  1831. 

Robert  Gourlay,  Esq.,  son  oi  the  late  well-known  Oliver  Gourlay,  Esq.,  of  Craig- 
rothie,  has  been  known  to  me  for  many  years.  My  first  personal  acquaintance 
commenced  in  the  year  1804,  when  he  became  a  member  of  the  Stratheden  troop 
of  Royal  Fifeshire  Yeomanry  Cavalry,  to  which  I  then  belonged.  In  that  and  the 
two  following  years,  I  had  frequent  opportunities  of  meeting  with  him  both  at  drill 
and  in  the  mess-room.  He  was  then  chiefly  distinguished  by  the  pleasantness  of 
his  temper,  the  vivacity  of  his  spirit,  the  activity  and  energy  with  which  he  went 
through  his  military  exercises.  His  conversation  and  manners  were  always  those 
of  a  well-bred  and  well-informed  gentleman. 

As  he  left  the  Yeomanry  Cavalry  (I  believe)  in  ISOH,  and,  in  no  long  time  after, 
went  to  reside  in  England,  and  afterwards  in  Canada,  I  had  few  opportunities  of 
meeting  with  him  again,  till  within  about  three  years  past,  in  the  course  of  which, 
he  has  been  frequently  in  my  house,  and  I  have  had  many  conversations  with  him. 
Though  he  has  come  through  many  hardships,  and  has  met  with  much  harsh 
treatment,  I  have  the  pleasure  to  see  that  he  retains  much  of  his  original  good- 
humor  and 'cheerfulness  of  spirit.  I  have  often  admired  the  forbearance  with 
which  he  speaks  of  those  from  whom  he  has  suffered  most.  No  tincture  of  rancor 
or  revenge  appears  to  stain  his  mind.  His  range  of  knowledge  is  extensive,  and, 
on  some  subjects,  far  more  full  and  accurate  than  ordinary.  The  benevolence  and 
amiableness  of  his  disposition,  seem  to  me  unquestionable.  I  know  not  whether 
Mr.  Gourlay  has  any  particular  object  in  view,  in  requesting  me  to  state  my  opin- 
ion of  him,  —  but,  if  I  shall  be  of  any  use  to  him,  I  shall  be  much  gratified. 

JOHN  MARTIN,  Minister  of  Kirkaldy. 

I  attended  the  University  of  St.  Andrews  along  with  Mr.  Robert  Gourlay  for 
several  years,  and  was  well  acquainted  with  him.  His  attention  to  his  studies, 
the  strict  propriety  of  his  behavior,  his  pleasing  manners  and  amiable  disposition, 
then  rendered  him  a  general  favorite,  and  inspired  the  highest  hopes  of  his  suc- 
cess in  life.  These  hopes,  however,  have  been  blasted.  I  grieved  to  hear  of  his 
misfortunes,  the  more  so,  as  I  had,  from  various  newspaper  reports,  been  led  to  be- 
lieve that  they  had  a  ruinous  effect  upon  his  mind.  As  to  this,  however,  I  was 
most  agreeably  disappointed,  upon  my  having  the  pleasure  of  a  visit  from  him 
about  two  years  ago.  I  was  then  delighted  to  find  in  him  the  same  intelligence 
and  amiableness,  that  had  marked  the  character  of  my  early  friend.  If  he  spoke 
with  natural  feeling  of  his  reverses  and  sufferings,  it  was  unmixed  with  any  ex- 
pression of  hatred  towards  those  whom  he  considered  as  having  partly  occasioned 
them,  or  of  envy  towards  those  who,  with  less  bright  prospects  in  early  life,  had 
been  more  successful  in  the  business  of  the  world  than  himself.  His  conversation 
was  both  instructive  and  interesting,  and  if  there  was  an  appearance  of  keenness 
in  it,  that  keenness  was  on  the  side  of  justice  and  humanity.  I  believe  it  may 
with  truth  be  said  of  him.  that ''  even  his  failings  lean  to  virtue's  side." 

A.  G.  CARSTAIRS, 
jlpril  8,  1831.  Minister  of  W.  Anstruther. 

Ahercromhie  Manse,  May  4,  1831. 
There  having  existed  an  intimacy  of  long  standing  between  the  family  of  the 
late  most  respectable  Oliver  Gourlay,  Esq.  of  Craigrothie,  and  that  of  my  father, 
I  have  of  course  been  acquainted  with  Mr.  Robert  Gourlay  from  his  earliest  years. 
He  was  always  beloved  as  an  amiable  and  ingenuous  boy ;  and  grew  up  to  be  a 
lively,  acute,  and  well-informed  young  man,  whose  acquirements,  disposition,  and 
manners  made  him  be  well  received  in  general  society.  His  eventful  history  re- 
moved him  for  many  years  from  his  friends  in  this  country ;  but,  within  these 
three  years,  be  has  repeatedly  visited  me ;  and,  though  I  cannot  say  that  I  have 
implicitly  gone  along  with  him  in  every  point  which  came  under  discussion  be- 
twixt us,  I  have  found  him  possessed  of  most  extensive  and  accurate  knowledge, 
diffusive  and  ardent  philanthropy,  and  altogether  unimpeachable  integrity. 

ROBERT  SWAN. 


10 

More  than  thirty  years  ago  Mr.  Robert  Gourlay  was  my  fellow-student  at  the 
University  of  St.  Andrews.  He  was  then  distinguished  by  the  amiableness  of  his 
disposition,  and  superior  talents  and  acquirements  as  a  scholar.  Our  intercourse 
was  long  interrupted  by  his  removal,  first  to  England  and  then  to  Canada;  in  both 
of  which  countries  he  was  subjected  to  severe  trials  and  sufferings,  the  effect  of 
which,  heightened  by  the  often  false  and  exaggerated  accounts  of  newspapers, 
might  have  produced  an  unfavorable  impression.  Since  Mr.  Gourlay's  return  to 
Scotland,  I  have  had  frequent  opportunities  of  meeting  and  conversing  with  him 
for  three  years  past,  by  which  every  unfavorable  im^  ession  has  been  removed 
from  my  mind.  I  have  found  in  him  the  same  agret  jle  and  estimable  qualities 
which  rendered  him  so  interesting  in  youth,  while  by  much  experience  and  inter- 
course with  the  world,  he  has  acquired  a  great  fund  of  most  interesting  and  use- 
ful information.  I  have  no  doubt  that  he  would  act  with  honor  to  himself  and 
credit  to  his  employers  in  any  situation  suited  to  his  talents  and  acquirements. 

ANDREW  MELVILLE. 

Manse  of  Logie,  May  9,  1831. 


UNIVERSITY  PROFESSORS. 

St.  Jndrews,  28th  February,  1831. 
I  hereby  certify,  that  I  was  well  acquainted  with  Mr.  Gourlay,  lately  a  candidate 
for  the  Chair  of  Agriculture  in  the  University  of  Edinburgh,  when  he  was  a  student 
at  St.  Andrews,  1792  till  1796 ;  that  he  applied  himself  to  his  studies  with  diligence 
and  success,  and  was  well  esteemed  by  his  fellow-students. 

That  he  has  visited  me  repeatedly  within  these  last  three  years,  when  we  con- 
versed freely  on  various  subjects ;  and  that,  from  these  conversations,  I  have  been 
impressed  with  the  opinion,  that  he  is  a  liberal-minded,  well-informed  man,  of 
honorable  sentiments,  and  of  humane  and  benevolent  dispositions. 

JOHN  HUNTER, 
Emeritus  Professor  of  Humanity,  St.  Andrews. 


1 4 

if! 


St.  Jndrews,  QSth  February,  1831. 
More  than  thirty  years  ago  I  was  a  fellow-student  of  Mr,   R.  Gourlay  at  the 
University  of  St.  Andrews,  and  am  happy  to  say,  that  while  he  was  highly  re- 
spectable for  his  attainments  as  a  scholar,  he  was  distinguished  by  the  propriety 
of  his  conduct  and  the  kindneso  and  gentleness  of  his  manners. 

Within  the  last  three  years  I  have  had  several  long  conversations  with  him  j 
and  found  him  clever,  intelligent,  well  informed,  and  agreeable. 

THOMAS  DUNCAN, 
Professor  of  Mathematics. 

St.  Jndrews,  2Slh  February,  1831. 
I  hereby  certify,  that  many  years  ago  I  was  acquainted  with  Mr.  Robert  Gour- 
lay when  he  was  a  student  in  the  University  of  St.  Andrews  ;  that  he  was  then  a 
fine,  sprightly  young  man,  and  a  diligent,  attentive,  and  respectable  student ;  that, 
since  his  return  from  Canada,  I  have  had  the  pleasure  of  being  in  his  company 
three  or  four  times,  and  from  his  manners,  conversation,  and  general  deportment,  I 
have  seen  no  reason  to  alter  the  favorable  opinion  I  entertained  of  him  when  I 
was  first  acquainted  with  him. 

JAMES  HUNTER, 
— —  Professor  of  Logic. 

I  hereby  certify,  that  I  have  been  long  acquainted  with  Mr.  Robert  Gourlay ; 
and  that  I  have  always  considered  him  a  person  of  good  talents,  of  amiable  dispo- 
sition, and  gentlemanlv  manners. 

JOHN  MITCHELL, 
St.  Jndrews,  21st  March,  1831.  Professor  of  Divinity, 


11 

This  is  to  certify,  that  Mr.  Gourlay  was  well  known  to  me  upwards  of  thirty 
years  ago  as  a  good-tempered,  sprightly  young  man^  as  well  as  a  diligent  and  suc- 
cessful student  when  he  attended  the  different  mathematical  classes  for  theory  and 
practice  in  the  University  of  St.  Andrews,  in  the  years  179;},  4  and  5;— that,  for 
these  last  three  years,  I  have  had  very  frequent  opportunities  of  conversing  with 
him;  and  for  intelligence,  good-humor,  and  equanimity,  under  all  the  changes  of 
fortune,  I  have  the  best  reason  to  consider  him  the  most  interesting  personage  of 
my  acquaintance  ;  —  of  unblemished  integrity,  with  the  sentiments  and  manners  of 
a  gentleman  ;  completely  informed  in  all  the  branches  of  agriculture,  in  theory  and 
practice  ;  as  well  as  in  political  economy,  poor  laws,  emigration,  &c. ;  and  one  of 
the  most  ardent  and  enlightened  philanthropists  ever  I  saw :  —  that  he  has  laid  be- 
fore me  his  early  publications  in  Scotland  and  England,  his  controversial  writings 
in  Canada,  and  his  later  productions  on  the  most  interesting  questions  in  political 
economy;  which,  considering  their  variety  and  extent,  the  extraordinary  excite- 
ment, and  even  persecution,  under  which  many  of  them  were. written,  the  honest 
and  liberal  convictions  which  actuated  them,  and  the  information  and  ability  he 
has  brought  to  the  discussion,  I  regard  as  some  of  the  most  wonderful  perform- 
ances I  ever  perused  ;  not  merely  in  regard  to  the  clearness  and  force  of  the  com- 
position, but  in  the  reasonings  by  which  he  supports  his  views,  in  the  elevated 
tone  of  patriotism  and  humanity,  which  he  every  where  discovers,  and  in  the  tem- 
per, and  spirit,  and  perseverance,  and  intrepidity,  with  which  he  maintains  positions 
of  the  highest  import  to  the  prosperity  and  happiness  of  every  nation ;  and,  that, 
besides,  his  superior  information  and  other  talents,  he  is  possessed  withal  of  so 
much  acuteness,  vivacity,  and  ready  elocution,  that  I  know  no  man  better  qualified 
to  give  a  complete  and  instructive  course  of  lectures  on  agriculture  and  its  kindred 
sul)i6cts> 

Edinburgh,  2ith  March,  1831.  JAMES  BROWN, 

Retired  Professor  of  Natural  Philosophy,  Glasgow. 

St.Jndretvs,  Q9th  March,  1831. 
I  was  intimately  acquainted  with  Mr.  Robert  Gourlay  when  he  was  a  student 
at  the  University,  five  and  thirty  years  ago.  We  attended  several  of  the  classes 
together,  in  which  he  distinguished  himself  by  his  talents,  his  diligence,  and  by  his 
successful  application  to  his  studies  :  —  and,  while  his  attention  to  his  academical 
duties  and  the  propriety  of  his  deportment  recommended  him  to  the  esteem  of  his 
masters,  his  amiable  dispositions  conciliated  the  affections  of  his  fellow-students. 
There  were  few  young  men  with  whom  I  was  acquainted,  that  appeared  to  me  to 
have  a  fairer  prospect  of  rising  to  high  eminence  and  respectability  in  the  depart- 
ment at  which  he  aimed.  Since  that  period  I  have  had  but  few  opportunities  of 
conversing  with  Mr.  Gourlay ;  but  upon  such  occasions  I  have  ever  found  him  to 
be  a  shrewd,  an  intelligent,  and  an  agreeable  companion. 

GEORGE  BUIST, 

Professor  of  Church  History. 

Mr.  Robert  Gourlay  is  greatly  my  junior,  and,  as  both  of  us  passed  many  years 
abroad,  I  had  no  opportunity  of  forming  any  particular  intimacy  with  him  until 
his  return  to  this  country  from  Canada. 

I  had  read  his  account  of  that  colony,  containing  a  dissertation  on  the  poor  laws, 
which  appeared  to  me  to  be  a  work  of  uncommon  merit.  I  was  anxious  to  culti- 
vate his  acquaintance,  and  I  have  had  the  gratification  to  enjoy  it. 

Mr.  Gourlay  has  requested  a  testimonial  from  me.  lam  sensible,  that  it  can  but 
little  avail ;  but  I  may  with  confidence  say,  that  his  moral  conduct  has  been  irre- 
proachable in  all  the  vicissitudes  of  his  life  :  that  his  manners  are  unassuming,  and 
those  of  a  gentleman ;  and  that  his  talents  and  acquirements  will  enable  him  to 
execute  with  honor  whatever  may  be  committed  to  his  management. 

Wakefield,  30th  March,  1831.  HUGH  CLEGHORN. 

Retired  Professor  of  Civil  History,  St.  Andrews. 


"  St.  Andrews,  11th  February,  1826. 
"My  Dear  Sir  —  I  can  assure  you  that  I  received  your  interesting  letter  of  the  6th 
Februaiy,  with  no  slight  emotion  of  kindness  and  respect,  having  ever  regarded 
you  as  one  of  the  ablest  of  my  fellow-students  at  St.  Andrews ;  and  who,  if  human 


12 

life  had  not  been  the  lotterjr  which  it  is,  would  have  earned  by  his  talents,  and 
merited  by  his  iriendly  dispositions,  a  place  of  high  and  honorable  distinction  in 
society.  *#**#*# 

THOMAS  CHALMERS." 

"  ROBEET    GOURLAY,  Esq." 

Edinburgh,  April  5,  1831. 
Mr.  Robert  Gourlay  has  visited  me  within  the  last  three  years,  conversed  and 
corresponded  with  me,  and  I  have  found  no  reason  to  alter  the  favorable  opinion 
formerly  expressed.     (Referring  to  the  above  extract.) 

THOMAS  CHALMERS,  Professor  of  Divinity. 

Aberdeen,  April  Sth,  1831. 
I  hereby  certify,  that  I  was  acquainted  with  Mr.  Robert  Gourlay  when  he  was  a 
young  man,  and  that  I  formed  a  very  favorable  opinion  of  his  abilities  and  acquire- 
ments, and  vvas  much  pleased  with  his  modest,  unassun)ing,  and  gentle  behavior; 
that,  since  his  return  from  Canada,  I  have  had  very  little  opportunity  of  seeing 
him,  but,  from  the  short  time  he  was  with  me,  I  found  no  reason  for  altering  my 
former  favorable  opinion,  as  his  manners  then  were  those  of  a  gentleman,  and  his 
conversation  was  unobtrusive,  while  it  was  general,  amusing,  and  instructive. 

JAMES  DAVIDSON,  M.  D.,  Hist.  Nat.  Pr. 

.  Coal's  HoMsc,  May  6,  1831. 

Having  been  long  intimately  acquainted  with  his  father's  family,  I  have  known 
Mr,  Robert  Gourlay  from  his  childhood.  He  seemed  then  a  very  promising  boy,  of 
an  open  disposition,  and  of  frank,  sprightly  manners.  He  pursued  his  studies  with 
great  ardor ;  and  gave  promise  of  talents  and  varied  acquirements.  Having  gone 
through  the  ordinary  course  of  philosophy  at  St.  Andrews  with  applause,  he  was 
desirous  of  completing  his  education,  by  availing  himself  of  the  advantages  which 
Edinburgh  affords.  At  this  University,  he  passed  two  years,  and  attended  the 
lectures  on  chemistry,  and  on  agriculture,  to  which  latter  subject  he  more  espec- 
ially directed  his  application  in  the  view  of  embracing  it  as  a  profession. 

After  an  interval  of  several  years,  I  met  with  Mr.  Gourlay  in  London,  early  in 
1801.  He  was  then  employed  by  the  Board  of  Agriculture  to  inquire  into  the  ben- 
efits of  the  practice  (so  much  commended  at  a  period  of  great  distress)  of  letting 
portions  of  land  to  poor  and  industrious  cottagers  in  the  eastern  counties  of  Eng- 
land. The  Secretary  was  delighted  with  the  Report,  but  disgusted  Mr.  Gourlay 
by  straining  it  to  suit  his  own  preconceived  notions,  and  by  printing  it  without  the 
author's  consent  or  revision. 

He  returned  soon  afterwards  to  Scotland,  and  occupied  one  of  his  father's  exten- 
sive farms,  which  he  cultivated  with  great  skill,  spirit,  and  taste.  During  this 
time,  I  frequently  saw  him,  and  found  him  ardent  as  usual  in  his  pursuits ;  his  at- 
tention being  turned  wholly  to  rural  affairs,  the  bettering  the  condition  of  the  poor, 
and  the  evolutions  of  the  yeomanry  cavalry.  He  never  then  appeared  to  think  of 
general  politics  till  his  eyes  were  opened  by  the  insolence  of  some  of  the  Fife  aris- 
tocracy, and  his  biting  opposition  to  them  was  ridiculously  magnified  by  such 
alarmists  into  a  conspiracy  against  the  State. 

For  some  time  previous,  Mr.  Gouriay  had  resolved  to  farm  on  a  larger  scale,  and 
thought  that  England  would  afford  a  finer  scope  for  his  exertions.  An  offer  was 
now  made  to  him  of  an  extensive  tract  in  one  of  the  best  parts  of  Wiltshire.  There 
he  set  an  example  of  improved  husbandry  which  was  greatly  admired.  Though 
he  generally  followed  the  Scotch  system,  he  had  the  liberality  and  discernment  to 
adopt  many  parts  of  the  English  practice,  as  better  suited  to  the  climate,  and  more 
in  accordance  with  the  habits  and  prejudices  of  his  laborers.  But  he  successfully 
resisted  the  rapacity  and  despotism  of  his  landlord,  and  roused  his  neighbors  (by 
whom  he  was  highly  respected)  to  assert  their  independence. 

At  this  epoch  of  prosperity,  he  was  tempted,  in  an  evil  hour,  to  go  out  to  Canada, 
m  order  to  claim  some  lands,  which  belonged  to  his  wife.  With  his  characteristic 
ardor  he  ranged  over  that  vast  country,  and  collected  a  mass  of  very  important 
statistical  information. 

But  his  activity  and  influence  in  the  colony  drew  on  him  the  resentment  of  the 
petty  judicial  tyrants,  and  he  was  treated  with  cruel  onnressinn  :  .iTid  b-"  r  stretch 
of  law"  was  finally  driven  out  of  Canada.    On  his  arrival  in  England,  he^  found  hia 


13 

family  ruined,  and  all  his  prospects  blasted  ;  yet  he  bore  the  sad  reverse  with  forti" 
tude,  and,  after  all  these  trials,  he  has  regained  his  elastic  disposition  and  the  full 
energy  of  intellect,  while  the  strength  of  his  constitution  is  but  little  impaired. 
For  the  last  three  years  I  hive  very  frequently  seen  Mr.  Gourlay,  and  his  visits 
have  been  always  acceptable.  I  find  his  conversation  lively,  judicious,  and  replete 
with  various  information.  , ,.      . 

Such  being  his  sterling  worth,  I  trust  that  some  pubhc  situation  will  soon  occur 
in  which  his  talents  and  matured  experience  may  have  due  scope.  I  am  sure  they 
would  be  honorably  directed  — and  would,  if  rightly  appreciated,  prove  both  useful 
to  himself  and  advantageous  to  the  public. 

JOHN  LESLIE,  Professor  of  Natural  Philosophy. 

Sir  John  Leslie,  who  in  Paris  was  styled  "  Leslie  Le  Grand,"  is  now  no  more.  I 
asked  him  for  a  certificate,  and  he  sent  me  this  memoir,  infinitely  more  valuable. 
Written  from  memory,  and  at  a  distance,  there  are  some  mistakes,  but  these  are 
trivial,  while  the  pleading  in  my  behalf  against  power  and  oppression,  by  one  so 
universally  known  and  respected,  cannot  be  too  highly  appreciated.  In  Fife,  Wilts, 
and  Canada,  I  became,  successively,  the  butt  of  brute  ignorance  and  illiberality ; 
and  it  is  curious,  that  the  first  burst  of  feeling  in  my  behalf,  at  home,  should  come 
from  the  greatest  philosopher  of  the  age,  whose  name  will  go  down  to  posterity, 
linked  with  those  of  Euclid  and  Archimedes,  Lavoisier  and  Black. 


NOTES. 

Boston^  March  16, 1&13- 

Reprinting  these  testimonials  here,  it  may  be  well  to  close  with  a  few  observations : 

Leslie  was  the  son  of  a  carpenter  in  Largo,  Fifeshire ;  and  a  most  extraordinary 
genius.  He  was  first  employed  as  Tutor  to  one  of  the  Randolph  family,  and  came  to 
America  some  time,  with  his  pupil.  Afterwards,  in  like  capacity,  employed  by  Mr. 
Wedgewood,  famed  for  his  pottery,  he  had  good  opportunities,  at  Etniria  in  Staffordshire, 
to  make  experiments  on  heat.  His  book  on  light  and  heat  stirred  up  a  bitter  contro- 
versy, forty  years  ago,  in  Scotland,  in  which  narrow-minded  ministers  of  the  Kirk  were 
beaten  by  Mr.  Dougal  Stewart,  Dr.  Thomas  Brown,  and  others.  Dr.  Brown's  pamphlet  in 
this  controversy,  laid  the  foundation  for  that  gentleman's  celebrated  work  on  metaphysics. 
The  Professor  is  wrong  in  saying  that  I "  resolved  to  farm  on  a  larger  scale,  and  thought 
that  England  would  aflbrd  a  finer  scope."  My  object  in  going  to  England  was  to  study 
the  Poor-law  system.  In  Scotland,  I  had /we/-  scope,  — my  father  having  twenty  ploughs 
going  on  his  own  property.  

Dr.  James  Brown,  whose  certificate  appears  above,  would  have  been  at  the  head  of  - 
the  science  and  literature  of  Britain,  but  for  bodily  infirmity,  which  caused  hk  retirement 
from  the  chair  in  Glasgow,  and  continued  till  his  death,  a  few  years  ago.  He  was 
teacher  on  board  a  frigate  at  the  battle  of  the  Dogger  Bank ;  and,  as  secretary,  noted  the 
engagement  for  the  captain.  This  he  told  me.  Afterwards,  Minister  of  Dinino,  and 
Assistant  Professor  of  Mathematics,  St.  Andrews.  He  gained  the  chair  in  Glasgow,  by 
competition,  before  the  year  ISOO. 

It  was  under  his  tuition  that  Dr.  Chalmers  first  distinguished  himself,  in  an  exercise  of 
mathematics ;  I  remember  it  well,  being  a  felloW-student.  Ten  years  ago,  Professor 
Duncan  dedicated  to  Dr.  Brown  a  volume  on  Mathematics,  expressing  regret  that  he 
was  "  too  little  Uitowti."    Alas !  it  was  so,  indeed. 

Mr.  Ci.EGHORN,  while  Professor  of  Civil  History,  was  engaged  to  travel  with  a  noble- 
man on  the  Continent ;  and,  there,  vras  employed  by  the  British  government.  By  his 
dexterity,  the  island  of  Ceylon  became  British  ;  and  the  transaction  made  his  fortune. 
He  was  a  pupil  and  relative  of  Adam  Smith,  Author  of  the  Wealth  of  Nations  ;  and  the 
first  who  taught  the  doctrines  of  that  philosopher.  He  was  a  man  of  astonishing  mental 
vigor,  till  the  last,  under  the  severest  bodily  afflictions  —  one  of  Scotland's  brightest 
sons.  He,  also,  is  gone,  since  my  departure  for  this  country.  Most  men  believe  that 
they  are  to  live  after  death  :  —  Mr.  Cleghorn  once  told  me,  tjiat  he  sometimes  imagined 
that  he  had  lived  before  his  birth. 


14 


To  Captain  David  Saher,  Messrs.  George  O.  Folger,  and  Ohed  Samey,  of  Nan- 
tucket ;  Silvanus  Dvnton,  of  Hubbardston ;  Thomas  H.  Wetherby^  of  Milbury; 
Milo  I.  Smith,  of  Northampton ;  Alexander  Inghai  of  Middlcjield ;  Nathaniel 
Brooks,  of  Worcester;  Ethan  Taylor,  of  Longmeadow ;  and  William  C, 
Dunham;  —  Representatives  or  the  Commonwealth  of  Massachu- 
setts. / 

Gentlemen  :  — 

I  came  here  to  be  at  the  nearest  point  for  correspondence  with  my  family 
in  Scotland, — knowing  no  one,  and  having  introduction  to  none. 

In  this  comfortable  mansion  I  became  acquainted  with  you  ;  and  your 
friendly  regards  induced  me  to  petition  the  Honorable  Body  of  which  you  are 
members. 

After  six  weeks  cordial  and  frank  intercourse  ;  and,  after  you  have  had 
submitted  to  your  inspection  all  my  publications  from  the  year  1800,  till  now, 
■ubstantiating  the  allegations  of  my  Petition,  I  venture  to  throw  this  number 
of  the  Neptunian,  before  the  public,  as  introduction  tc  more,  should  public 
patronage  be  obtained;  in  which  case,  I  would  go  on, — Number  after  Num- 
ber, to  unfold  my  principles  and  projects,  through  a  period  of  forty -two  years, 
devoted  to  the  cause  of  humanity. 

Following  up  the  great  object  of  rry  life,  I  have  been  persecuted  to  the 
death,  a  common  consequence  to  all  who  stand  out  for  truth,  apart  from 
worldly  interests.  In  fact,  these  last  thirty-four  years,  I  have  stood  alone  and 
undaunted,  in  Scotland,  England,  and  America : — have  endured  till  endurance 
has  become  habit,  and  made  me  independent,  even  of  Nature's  sweet  restorer, 
balmy  sleep ;  yet,  at  the  age  of  sixty-five,  you  see  me  at  all  times  collected, 
consistent,  and  composed. 

In  my  petition,  I  pray  only,  that  it  may  be  received  and  preserved  :— first, 
because,  an  entire  stranger,  it  would  have  been  presumption  to  expect  imme- 
diate notice,  so  as  to  have  a  committee  appointed  to  examine  and  report : — and, 
second,  because,  even  were  a  committee  appointed,  full  justice  could  not  be 
done  to  the  subject,  at  present.  A  liberal  and  patient  hearing  by  the  public, 
can  only  lead  to  this,  through  the  medium  of  a  Periodical  ;  and  I  now 
earnestly  solicit  assistance  in  establishing  such. 

I  disclaim  all  personal  advantage  from  any  thing  of  the  kind;— desire  not 
to  pocket  a  single  dollar  from  the  establishment ;  and  think  it  possible  that 
the  machinery  may  be  worked  by  a  committee  of  citizens,  regularly  chosen 
by  friends  of  the  cause.  I  desire  only  to  be  heard,  and  have  opportunity 
given  to  others  for  questioning  me,  in  order  the  better  to  satisfy  all  -.—-I  desire 
only  to  secure  the  highest  objects  of  benevolence. 

The  People  of  the  United  States  possess  the  finest  portion  of  the  habitable 
globe,  and  they  enjoy  the  most  perfect  liberty.  As  a  People,  they  average 
the  highest  in  point  of  intelligence ;  and,  they  are  the  only  People  who  un- 
derstand how  to  combine,— -how  to  organize  and  carry  measures  into  effect. 


1« 


They  have  it,  at  .'■■'  moment,  in  their  power  to  communicate  the  blessings  of 
liberty  to  other  n^nuns,  and  to  make  the  starving  millions  of  Europe  partak- 
ers it),  like  enjoyments  with  their  own  : — Nay,  more,  by  a  wise  exercise  of 
their  power,  they  may  not  only  enrich  themselves,  but  eradicate  from  the 
Union  its  greatest  curse — Slavery.  These  are  mighty  assertions,  but,  with 
fair  opportunity  to  communicate,  I  shall  prove  them  to  be  true. 

And  now,  Gentlemen,  I  shall  close  with  some  facts  regarding  myself. 

I  left  Deptford  Farm,  in  England,  April  2, 1817,  on  a  visit  to  friends  and  property  in 
Canada,  intending  to  be  from  home  only  six  months. 

At  Liverpool,  being  disappointed  of  a  passage  to  New  York,  I  sailed  for  Quebec  ;  but 
belbre  embarkation  came  to  know,  that  even  had  I  landed  at  New  York,  and  established 
an  Emigration  Society  there,  nothing  great  could  then  be  done  in  this  way  for  relief 
of  the  poor,  because  of  a  law  —  now  repealed  —  which  barred  the  sailing  of  mechanics. 

On  my  voyage  to  Quebec  it  occurred,  that  something  might  be  done  by  circulating 
queries  for  information  necessary  to  emigrants.  These  were  then  drawn  up  :  afterwards 
circulated  ;  and  thence  was  procured  the  best  information  yet  published  — my  statistical 
account  of  Upper  Canada,  Vol.  I. 

After  travelling  in  the  Province  and  the  Genessee  countr)',  I  resolved  to  establish  a 
Land  Agency,  at  once,  for  my  own  benefit,  and  to  promote  emigration.  By  and  bye  it 
appeared  that  obstacles  retarded  seUlement  in  the  Province.  To  remove  these  I  ad- 
vised sending  Commissioners  to  England,  there  to  represent  the  truth  to  the  Supreme 
Government.  The  people  upheld  this  measure,  and  chose  Delegates  to  meet  in  conven- 
tion for  carrying  it  into  effect.  Those  who  profited  by  abuse  took  alarm  :  gave  out  that 
my  design  was  to  f.lieuate  the  Colony  from  Britain,  and  caused  me  to  be  twice  arrested 
for  trial. 

The  Delegates  met  July  6, 1618.  I  advised  adjournment  till  after  my  trials,  and  till 
opportunity  was  aflbrded  the  parliament,  to  do  the  needful.  I  was  tried  at  Kingston  in 
August,  honorably  acquitted,  and  had  a  public  dinner  given  me ;  — tried  a  second  time  at 
Brockville,  again  honorably  acquitted,  and  had  another  dinner  offered.  This,  however, 
I  could  not  accept,  having  to  hurry  off  for  New  York,  where  letters  from  my  family  had 
been  detained,  for  months,  during  my  villainous  arrests. 

Finding  all  my  affairs  at  home  in  the  best  possible  order,  and  deeming  myself  now 
safe  m  Canada,  to  proceed  with  Land  Agency,  I  employed  Andrew  S.  Garr,  Counsellor 
at  law,  to  draw  up  a  Power  of  Attorney  for  winding  up  my  business  in  Scotland  and 
England,  having  property  in  both  kingdoms ;  — which  Power  was  forthwith  dispatched. 

I  then  made  a  tour  through  this  country ;  and  it  is  essential  to  mark  impressions  then 
prevaiUng  here. 

Not  only  had  false  alarms  been  given  out  by  enemies  in  Canada  from  the  beginning ; 
but,  at  my  trials.  Counsel  for  the  Crown  dared  to  work  on  the  Juries  by  signifying  it  as 
my  intention  to  dismember  the  Empire,  and  add  Canada  to  the  States.  A  consequence 
was,  that  all  over  the  Union,  my  name  was  trumpetted  forth,  as  may  yet  be  seen  in 
newspaper  files  of  the  day ;  and,  on  the  south  bank  of  St.  Lawrence,  I  was  called  "  the 
Washington  of  Canada.'' 

Landed  at  New  York,  I  bespoke  lodgings  at  the  City  Hotel,  and  immediately  walked 
out,  without  ki!  iwing  a  single  citizen  there.  Turning  to  the  right,  I  was  soon  charmed 
with  the  glorious  prospects  at  the  Battery  ;  and,  questioning  two  bye-standers,  as  to  names 
of  places,  they  percei%'ed  I  was  a  stranger,  and  asked,  when  I  had  arrived?  My  reply 
was,  "  Just  now,  by  the  North  River."  "Have  you  come  from  Canada?"  "Yes." 
"What  is  that  Gourlay  now  doing  there  ?"—"  No  harm  at  present ; "  and,  shortly,  I 
made  myself  known. 


16 

We  conversed  of  the  late  war,  and  I  expressed  my  regret  for  that.  "  That,"  they  said, 
"  was  the  best  thing  we  ever  did  ; "—  they  thinking  of  the  naval  war ;  I,  of  the  invasion 
of  Canada. 

After  a  week's  sojourn,  I  came  here  and  staid  a  week.  Introduced  to  Mr.  Shaw  of 
the  Athenaeum,  that  gentleman  showed  me  much  attention  ;  gave  me  leave  to  look  into 
any  book  ;  and  I  did  lounge  there  an  hour  or  two  every  day,  searching  for  causes  which 
led  to  the  Revolution. 

Mr,  Shaw  wished  to  see  some  of  my  writings  in  Canada,  and  I  gave  him  the  pamph- 
let for  publication  of  which  I  was  arrested  and  tried.  Next  day  he  said,  "  I  thought  you 
were  for  us." — "  No,  I  was  for  Canada." 

On  my  way  to  Albany,  being  informed  that  an  agricultural  meeting  was  about  being 
held  at  Pitt.sfield,  I  resolved  to  attend  ;  and,  after  visiting  the  Shaker  settlements,  I  re- 
turned to  that  place  on  the  first  day  of  meeting. 

Live  stock  were  penned  in  the  Square  ;  and,  these,  I  minutely  examined,  as  a  farmer. 
After  that,  I  sat  down  with  a  large  company  to  dinner.  By  and  bye,  a  secretary  came 
round,  taking  down  names  ;  and  hearing  mine,  he  asked  if  I  "  was  Mr.  Gourlay  of  Can- 
ada."    I  believed  so. 

On  presenting  the  list  to  the  Chairman  and  pointing  to  my  name,  that  gentleman  im- 
mediately eyed  me,  filled  his  glass,  and  announced  me  to  all.  All  drank  my  health, 
most  cordially,  an  honor  I  little  expected.  On  being  called  to  give  a  toast,  I  gave  what 
has  escaped  my  memory  ;  but,  took  occasion  to  state,  that,  great  mistakes  were  abroad  as 
to  my  designs  in  the  Province  ;  that,  I  was  a  British  farmer,  and  had  no  intention  what- 
ever, but  to  make  Canada  useful  to  the  mother  country.  This  did  not  in  the  least  lessen 
attentions.  A  member  of  Congress,  sitting  opposite,  invited  me  to  Washington  ;  and 
there  he  said,  they  "  would  give  me  a  seat  on  the  floor  of  the  Hou.se,  as  was  done  to  Lord 
Selkirk."  On  my  right  sat  the  venerable  father  of  the  present  Lieutenant  Governor  of 
Massachusetts,  who  was  especially  kind,  and  invited  me  to  his  house  in  the  neighbor- 
hood. 

Next  day,  I  was  made  a  judge  of  ploughing  ;  was  delighted  with  an  exhibition  of  do- 
mestic manufactures  ;  walked  in  procession  to  the  church,  and  there  heard  discourses 
on  agriculture,  read  by  the  President  and  Vice  President  of  the  Society.  Af'er  that,  we 
again  sat  down  to  dinner.  This  time,  I  was  better  prepared  ;  and  having  coined  a  toast 
for  the  occasion,  gave,  "  commerce  free,  and  nations  friends."  Finally,  I  was  in- 
vited to  a  ball ;  and,  all  concluded  harmoniously. 

Not  so  in  Canada,  whither  I  went  without  further  delay.  There,  on  my  arrival,  par- 
liament being  met,  a  law  was  proposed  to  prevent  the  people  from  meeting  by  Delegate. 
The  people's  own  representatives  sanctioned  this.  It  was  enacted ;  and,  as  soon  as 
enacted,  I  was  ordered  to  leave  the  Province.  Refusing,  I  was  imprisoned  without 
benefit  of  bail,  eight  months,  and  at  last  banished  for  no  crime  whatever  but  refusal  to 
obey  the  order,  now  declared  by  the  unanimous  vote  of  United  Canada,  to  have  been 
"  illegal,  wiconstitiitinnal,  aiid  without  excuse  or  palliation."  Gentlemen  !  from  that  day 
to  this,  I  have  been  out  of  house  and  hold  of  my  own,  save  a  log  house  erected  within 
the  last  two  years  on  my  lands  in  Canada  ;  and,  I  am  very  sure,  that  there  does  not  ex- 
ist an  individual  who  has  endured  such  continued  persecution,  during  thirty-four  years 
—  all  originating  m  what  has  been  stated,  in  the  memoir  of  my  life,  by  Professor,  Sir  John 
Leslie — aristocratic  ire ! 

I  am  anxious  to  make  my  experiences,  during  that  persecution,  available  to  my  fellow 
men  ;  and  ask  you  and  others,  here,  to  assist  in  gaining  for  me  a  hearing. 

Believe  me  ever  most  sincerely  yours, 


Marlboro''  Hotel,  Boston,  March  21, 1843. 


ROBERT  F.  GOURLAY. 


THE 


HiEFTPinrHnAH. 


Ko.  a. 


BOSTON,  Apeil  6,  1843. 

TO  THE  PEOPLE  OF  THE  UNITED  STATES. 

Fellow  Men  :—  On  this  day,  set  apart  by  the  Governor  of  Massachusetts,  for 
humiliation,  fasting,  and  prayer,  I  especially  thank  God  for  that  peace  which  the 
late  treaty  with  Great  Britain  has  secured.    May  it  be  eternal ! 

England,  and  England's  progeny,  with  the  same  language,  laws,  principles, — a 
common  faith,  feeling,  literature,  and  interests  every  way  harmonizing,  need  but 
continued  peace  to  triumph  over  ignorance  and  all  its  brood, — prejudice,  pride, 
superstition,  atheism ;  in  short,  to  establish  whatever  is  good  and  desirable  for  hu- 
manity. 

Oh,  then,  join  heart  and  hand  to  realize  such  a  blessed  consummation. 

Often  has  my  declaration  of  1S29  been  repeated,  that,  "  Man  is  a  Recordino 
Animal,"  but  never  before,  was  there  such  happy  opportunity  for  putting  record* 
to  profitable  use. 

Let  us  only  glance  back  to  the  prominent  features  of  the  last  seventy  years. 

Your  glorious  revolution  began  a  new  era  in  the  world's  history ;  and  though 
liberty  was  thereby  established  on  this  continent,  it  is  not  yet  secure,  while  much 
remains  for  improved  legislation. 

The  French  revolution,  altogether  different,  demonstrated  that  mere  abstract 
doctrines  are  insufficient  for  man's  deliverance ;  and,  that  the  Bible  is  still  the  poli- 
tician's best  text-book. 

The  rise,  progress,  power,  and  downfall  of  Napoleon,  afford  valuable  lessons ; 
and,  from  the  records  of  that  eventful  period  much  may  be  known  for  good.  You, 
Americans,  cheered  on  that  most  dangerous  of  men,  when  he  was  wading  thro' 
blood,  with  no  object  but  his  own  aggrandizement. 

The  Holy  AUjance  showed  us  what  was  the  spirit  yet  lurking  in  the  breast 
of  ancient  dynasties  ;  and,  thence,  was  advantageous. 

The  revolution  of  three  days  drove  Incurables  from  the  throne  of  France ;  and 
manifested  what  vyealth  and  intelligence  can  effect  against  superstition  and  arbi- 
trary power.  It  did  more  :  it  put  the  crowning  wreath  on  the  brow  of  your  own 
immortal  Lafayette,  who  could  then  have  made  France  a  republic  ;  but  who  saw, 
that,  time  was  yet  required  to  cure  "  the  madness  of  the  people  ;"  and,  that  Europe 
would  be  best  regenerated  under  constitutional  kings. 

The  reform  of  the  British  House  of  Commons  was  a  mighty  and  needful  work, 
accomplished  by  moral  means  and  the  organization  of  the  people, — the  first 
peaceable  triiimph  over  installed  power. 

The  ineffectual  attempts  of  Trades  Unions,  and  the  miserable  struggles  of  poor 
Chartists,  also  exhibit  features  in  man's  history,  and  may  be  turned  to  good  account. 

But,  of  all  the  extraordinary  exhibitions  of  this  age,  none  is  so  worthy  of  your 
grayest  and  immediate  consideration,  as  the  wretched  brawl  on  the  Canada  frontier, 
which,  during  three  years  threatened  to  involve  this  country  in  a  war  with 
Britain— a  war  which  must  have  kindled  up  a  blaze  throughout  the  habitable 
globe, — terrific  and  destructive,  without  a  single  countervailing  benefit. 

It  was  I,  (and  I  say  it  with  pride,)  who  first  opened  up  lights  in  Canada  twenty- 
five  years  ago ;  and  who,  had  I  been  inclined,  could  have  done  most  to  sever  the 
Colony  from  Britain ;  but  my  face  was  set  against  that,  as  you  will  clearly  perceive 

J 


2 


"  —  kn»win)?  that,  by  a  liberal  connection  between 
iry  best  fruif     of  rivii  and  religious  liberty  may  be 


in  the  thirty  pag«>g  wh'       folK 
Britain  air' her  Coloui    -,   ''" 
ripened  aiui  »nw^nyed 

I  have  all  «ilyMj|  eyed  this  «sne  with  anxi'  ,»  experfation  ;  and,  shoul  I  you 
honor  me  with  i*  M>»nng,  feel  comfiJent,  that  you.  of  all  in*»n,  would  most  coun- 
tenance my  views.  Let  me  thereSore  bespeak  your  indulg^nil  wnd  patient  attention 
to  questiofl*.  which  ought  to  coiiip  home,  at  once  to  yuur  business  and  bo- 
soms. 

Carried  »»*)/  Trith  ihfl  idea  that  you  aloi  e.of  all  people,  are  in  possession  of  lib- 
erty, you  httvB  generously  but  ignorantly.  desired  to  thrust  upon  others  very 
crude  conceplioh*  »*  nl'infficient  for  happiness;  but  who  have  as  generously 
and  more  constamly  it)  ,j.-.'«"d  against  tyranny  and  opp,  sion  than  any  man  in 
your  Union  :—  I,  who  have  tood  alone  against  hosts  of  enemies  these  last  thirty- 
live  years  contendin]^  for  independent  right :  —  I,  who,  had  I  lived  here  in 
1775,  would  have  rallied  under  the  banner  of  Washington;  and  when  the  cause 
was  won,  returned  to  my  native  Scotland  boasting  of  my  deeds,  and  still  claiming 
native  allegiance  :  — I  frankly  tell  you,  that,  in  much  you  have  been  wrong,  since 
the  period  of  your  revolution  ;  — often,  indeed,  arraying  your  strength  against  the 
progress  of  the  best  principles, —  the  surest  stays  of  liberty. 

Your  war  against  Britain,  1812,  was  protested  against,  in  the  strongest  lan<''uage 
by  this  Commonwealth  of  Massachusetts.  If  right  in  any  way,  it  was  righ't  only 
in  Its  naval  achievements:— all  else  was  wrong.  The  invasion  of  Canada  was 
not  only  uncalled  for,  but  most  impolitic.  Upper  Canada  could  .ot  possibly  injure 
the  States.  Intact,  she  ever  has  been,  and  will  be,  a  down-draught  to  Britain, 
while  ruled  by  Court-appointed  Governors ;  and,  if  the  people  of  Canada  choose 
to  be  so  ruled,  what  is  that  to  you  ? 

The  people  of  Upper  Canada,  saving  two  years  — 1818  till  1820  — when  their 

liberty  was  circumscribed,  from  dread  of  me,  by  despotism,  have  ever  hadconstitu- 

tional    means   to   remodel  their    government   in   peace.       They    never    needed 

YQurr-  —never  asked  it;  and,  did  you  know  the  whole  truth,  you,  ofall  men.  would 

nost  J,     line  meddling  with  them,  —  would  most  abhor  going  to  war  in  that  quar- 

Tt  \vij  I  who,  in  1818,  (and,  I  beg  your  particnlar  attention  to  the  subject  — which 
I  shall  afterwards  fully  explain,)  re-opened  the  door  for  settlement  of  Americans  in 
Canada,  after  the  local  government  had  shut  them  out  for  years ;  and  I  did  so  that 
those  who  disliked  the  government  of  the  States,  might  have  choice  elsewhere  •  — 
I  did  so,  that  runaway  slaves  might  have  a  place  of  refuge  from  the  most  hideous  tyr- 
anny. ■' 

What  did  people  of  the  United  States  ;— even  people  of  New  England  1  Did  they 
not  go,  as  Land  speculators,  into  a  neighboring  country,  which  had  nobly  abolished 
slavery  ?     Did  they  not  foment  discontent  there '{     Did  they  not  revolutionize  Tex- 
as and  estabhsh  slavery,  merely  that  their  speculations  might  be  profitable  to  them- 
selves? Are  not  plots  hatching,  even  yet,  to  adopt  Texas  as  a  State  into  the  Union 
that  slavery  inay  be  entailed  on  this  continent  7     What !  shall  mankind  witness  all 
this,  and  not  blush  k     Republicans— not  weep  for  humanity? 
•    ^JP^^P^^'  among  whom  I  am  little  known  !— may  even  my  feeble  voice  be  heard 
m  abhorrence  of  such  flagrant  crime,  — in  recording  a  protest  against  thus  blasting 
the  best  hopes  of  the  world.—  O,  America!  how  art  thou  fallen  ;  and,  to  what  wiu 
thou  fall,  if,  in  self-sufficiency,  you  pause  not,  to  learn  wisdr)in  from  experience  '  • 

Honor  me  with  a  careful  perusal  of  these  few  pages,  and  you  will  know  hor  ' 
acted  on  the  frontier  during  the  rebellion  and  invasions  of  Canada.  I  am  happy  to  have 
this  chance  occasion  of  making  you  witnesses  of  it ;  being  assured  that  now,  when 
all  can  be  calmly  viewed,  you  will  approve  of  my  acts  and  declared  principles, 
lou  will  see,  too,  how  ]  wag  rewarded  for  valuable  services  bv  the  reiminff  Her- 
ods  and  Pilates  of  the  Cr     .jy.  ^ 

If  you  are  pleased  with  ■\-o  ;5heets,  it  is  in  my  power  to  lay  before  you  the  full- 
est and  best  authenticate  la.  .  i  f  Up-  ,ir  Canada  —  with  the  rise  and  progress  of 
its  discontents  and  mis-m'>!  ,rfc>  RUf  frr.....  the  earliest  to  the  present  time  ;  which,  in 
that  case,  I  shall  speedily  '!c  ?.■;  n.  a  pleasure,  m  succppdinj^numhora  nf  "  T«r. 
Neptunian."  '^ 

Meantime,  I  am,  reap,  ctfuir,  and  very  sincerely,  yours,  &c. 

ROBERT  F.  GOURLAY. 


Patifie,  at  Sea,  Novembtr  0, 1833. 
NOTICE  TO  CREDITORS.— I  hereby  Intimate  ihu  I  have  sniler)  for  America,  not  to  evado 
payment  of  det)t»,  hut  that  ail  may  l>e  paid  itt  full,  for  wl,  i;h  fund*  are  more  than  sumdent. 
Witness  my  hand,  KOBT.  (tOUKI^.W,  late  of  Lrith,  mi't  'I'bject  to  thf  Kinn ; 

now,—  ROBT.  FLK.MLVO  GOURriAY,  of  tlu  (Man,  and  subject  to  Neptunt. 

NoTB.— On  receiving  account*  of  my  niotlier'n  death,  Aujf  10,  1*27,  I  resolved  to  honor  her 
memory  by  entwining  her  rnuiden  name  with  mine,  iit  good  ociii-f-n  was  required;  and  nona 
Lould  he  hotter  Ihiin  when  leaving  Britiiin  for  Amen  When  first  i-i  Ciiimda,  a  gentleman  of 

New  York  with  tlie  same  name,  had  sometimes  my  letters  put  into  his  hand;  one  of  which  he 
opened,  and  fiiilhfuUy  forwarded.  The  adoption  of  a  third  name  eflertUBlly  guarded  against  such 
misinkes.  Then,  again,  it  was  necessary  to  arrest  public  attentiot  specially  ;  for  had  I  advertised 
a  hundred  times  in  the  Gazelle,  nobody  would  have  .ittended  to  ;he  matter.  The  above  mod* 
settled  all  be.?t,  and  fixed  the  miitier  in  the  public  mind  cJTectually.  The  advertisement  waa  sent 
ashore  by  the  pilot,  and  was  published  immediately  after  by  Mr.  Gray  in  the  Edinburgh,  L«ith  and 
Glasgow  Advertiser.     So  much  for  the  Niptuman. 


CORRESPONDENCE 


WITH  THE  AUTHORITIES,  AT  HOME  AND  ABROAD,  COiNCERNING 


UPPER    CANADA. 


Sir  John   Colborne,  Lieutenant-Governor  of  Upper  Canada  — 

Take  Notice  —  That  there  is  sufficient  evidence  on  the  face  of 
this  printed  paper,  ( Circular  to  Members  of  the  Imperial  Parliament, 
June  10,  1820,)  that  my  imprisonment  in  Upper  Canada,  was  ille- 
gal; and  that  I  shall  think  myself  justifiable  at  any  time  to  enter  the 
Pi.^vince,  there  by  force  of  arms  to  regain  my  property,  maintain  my 
rights,  and  avenge  my  wrongs.  Witness  my  hand,  at  New  York, 
this  twenty-sixth  day  of  February,  1834, 

ROBERT  F.  GOURLAY. 
"Witnessed  by  Samuel  Whitney,  J.  Junor,  Edmund  Coffin,  S.  B. 
,  Draper,  H.  Nugent  Nathan,  Edward  Tremayne. 

I  authorize  Mr.  Sergeant  Spankie  to  show  this  to  Earl  Grey,  and 
any  other  member  of  the  British  Cabinet :  and  I,  at  the  same  time, 
declare  that  I  am  perfectly  true  to  the  king. 

ROBERT  F.  GOURLAY. 

Witnessed  by  Peter  Malliner.  New  York,  March  1,  1834. 

NOTE. 

As  soon  as  it  was  known  in  Upper  Canada  that  I  had  arrived  at  New  York  from 
England,  December,  1833,  two  parties  addressed  to  rae  letters.  One  threatening 
should  I  enter  the  Province,  &c. :  the  other  inviting  most  warmly.  To  put  an  end 
at  once  to  expectation  and  alarm,  I  wrote  the  above  notice  to  snow  in  what  posi- 
tion I  stood.  The  notice  was  not  only  transmitted  to  Sir  John  Colborne,  but  copies 
to  the  Attorney  General  of  Upper  Canada,  the  Colonial  Minister,  and  Attorney 
vrciicmxui  lun-^i.v.-^.  it  wa~  itisu  luriiimiy  iiuiitica  to  tnc  x»riiisn  i^onsul,  i^ew  lorjc, 
with  desire  that  he  might  transmit  the  same,  should  he  think  proper,  to  the  Ambas- 
sador at  Washington.  In  fact,  it  involves  a  question  of  vast  magnitude  to  native 
bom  British  subjects,  should  the  United  States  go  to  war  with  England;  or,  should 
the  violence  of  faction  come  to  blows  in  British  America. 


|.-        ,|!i 


To  his  most  Chacimis  Majesty,  William  the  Fourth,  Sovereign  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  Sfc.  Sfc.  ^c. 
New  York,  United   States  of  America.  ) 
February  23,  1835.  \ 

Sire,  —  Beyond  your  Majesty's  dominion  I  am  still  tme  to  native 
allegiance,  and  trust  that  all  its  benefits  may  yet  be  secured  to  me. 
May  it  please  your  Majesty :  —  In  the  yeai- 1817  1  went  from  Eng- 
land to  Upper  Canada,  having  landed  property  and  friends  there ; 
resolved  to  connect  myself  with  that  province ;  and,  to  advance  its 
prosperity,  advised  sending  Commissioners  to  England,  that  certain 
abuses  might  be  corrected. 

For  this  act  of  the  purest  patriotism,  I  was  arrested,  tried,  and 
honorably  acquitted.  Thereafter,  I  hastened  to  this  place,  Septem- 
ber, 1818,  anxious  for  accounts  from  my  family;  and  believing  all 
well,  sent  to  England  a  power  of  Attorney  for  the  settlement  of 
affairs,  in  order  to  tlttach  myself  more  closely  with  Upper  Canada, 
whither  I  forthwith  returned ;  but  there  I  was  arrested,  ordered  to 
depart  the  province,  and  imprisoned  eight  months  without  benefit  of 
bail.  Finally,  being  called  before  a  court  of  justice,  August  1819, 
I  was  arraigned,  tried,  and  banished,  merely  because  of  refusing  to 
depart  the  province,  and  while  so  weak  with  cruel  treatment  as  to  be 
unable  to  protest  against  proceedings  pronounced  illegal  by  the  first 
law  authorities  of  Britain. 

Eeturned  to  England,  I  petitioned  the  King  and  Parharaent  for 
inquiry  into  my  case  during  ten  years,  but  in  vain  ;  and  vain  indeed 
it  became  to  expect  a  hearing  after  your  Majesty's  ear  was  engaged 
by  a  man  whom  I  knew  to  be  false,  treacherous,  and  vindictive  —  a 
man  whom  I  had  personally  chastised. 

Thus  hopeless,  I  crossed  the  Atlantic,  1833,  to  watch  the  progress 
of  events ;  and  seeing  that  the  individual  alluded  to  no  longer  influ- 
ences your  Majesty's  Councils,  I  once  more  solicit  attention. 

The  Provincial  statute  passed  9th  March,  1801,  under  color  of 
which  I  was  imprisoned  and  banished,  was  enacted  specially  to  guard 
Upper  Canada  against  Irishmen  who  were  expatriated,  and  could 
not  be  intended  to  bear  down  the  unalienable  right  of  unattained 
British  subjects  —  that  right  which  rests  on  the  acknowledged  prin- 
ciple of  allegiance  and  protection  being  reciprocal,  while  affidavits 
laid  before  the  Chief  Justice  could  not  be  misunderstood. — In  short, 
more  wanton  oppression  never  was  exercised  in  modern  times ;  nor 
ever  were  consequences  more  ruinous ;  seeing  that  thereby,  not  only 
has  my  reputation  been  sullied,  but  my  property  taken  away  and 
dissipated;  seventeen  years,  the  best  of  my  life,  rendered  profit- 
less and  unhappy,  while  endless  litigation  has  been  set  on  foot  for 
my  annoyance.  —  Nevertheless  hope  has  been  cherished.  A  con- 
tinued chain  of  documents  can  be  referred  to ;  letters  to  the  King 
and  petitions  printed  in  parliamentary  journals,  all  nrovintr  thRt  T 
have  neither  admitted  of  claims  for  redress  being  forfeited^nor  left 
untried  any  possible  means  of  being  heard. 

Sire  — From  this  land  into  which  I  was  banished,  I  now  protest 
agamst  the  monstrous  cruelty  and  injustice  ;  from  this  foreign  land  I 
appeal  for  the  last  time  ;  and,  still  dutiful  and  submissive,  respect- 


gn  of  the 

LICA.  ) 

to  native 
I  to  me. 
ora  Eng- 
is  there; 
^ance  its 
,t  certain 

•ied,  and 
Septem- 
jving  all 
sment  of 
Canada, 
iered  to 
enefit  of 
ist  1819, 
"using  to 
as  to  be 
the  first 

nent  for 
1  indeed 
engaged 
Live  —  a 

progress 
er  influ- 

color  of 
to  guard 
id  could 
attained 
ed  prin- 
fFidavits 
[n  short, 
les;  nor 
not  only 
^ay  and 
I  profit- 
foot  for 
A  con- 
le  King 

r     fViot     T 

)  -•"'  •- 
nor  left 

protest 
1  land  I 
respect- 


fully put  these  questions  :  Shall  I,  an  eleve  of  the  oldest  and  least 
tainted  family  of  F^feshire,  whose  father  was  for  many  years  a  mag- 
istrate of  that  county,  and  where  I,  myself,  received  from  your  Maj- 
esty's Royal  Father,  thirty-five  years  ago,  a  Captain's  commission., — 
I,  who  till  this  hour  can  challenge  the  world  to  accuse  me  of  a  single 
inean,  cowardly,  or  dishonorable  act  —  I,  who  am  father  of  a  family 
in  Scotland;  shall  I  be  robbed,  degraded,  and  expatriated  by 
villany  ?  In  fine,  shall  justice  be  denied  to  a  British  subject,  and 
the  most  sacred  constitutional  right  violated  in  his  person,  by  men 
clothed  in  the  livery  of  power,  and  assuming  the  sanction  of  royalty  ? 

Rather  than  that,  Sire,  I  shall,  as  did  one  of  my  name,  perish  for 
my  principles  at  the  stake.  Rather  than  that,  I  shall  lay  down  my 
life  to  extirpate  from  this  western  world,  the  remains  of  despotism. 
Meantime,  trusting  that  your  Majesty  will  speedily  cause  inquiry  to 
be  made  into  my  case ;  and  most  heartily  wishing  well  to  my  native 
countrv,  I  ^"^  yoiii^  Majesty's  loyal  subject, 

ROBERT  F.  GOURLAY. 

Witnessed  by  Geo.  Roberts,  diaries  Cooper,  Wm.  P.  Alden,  Joseph 
Alden,  Andrew  Smith. 

Duplicate  do.,  Samuel  B.  Williams,  B.  V.  Baker,  Charles  Cooper,  J. 
Spencer,  Geo.  Roberts.  — ^ 

My  Dear  Daughter  —  I  desire  that  you  will  copy  ofi'all  that  is 
written  on  this  sheet ;  then  put  it  und^er  cover  for  his  Grace  the  Duke 
of  Wellington,  &c.  &c.  &c.,  London,  accompanying  it  with  a  note 
from  yourself,  begging  to  be  informed  if  he  will  lay  before  the  King 
the  annexed  letter  to  his  Majesty ;  and  perhaps  you  may  find  a  gen- 
tleman willing  to  aid  me  in  gaining  attention,  either  by  writing  to  the 
Duke,  or  to  some  one  personally  acquainted  with  him  — When  you 
receive  a  reply  from  his  Grace  despatch  a  copy  of  it  to  me. 

You  are  aware,  I  beUeve,  that  my  rencounter  with  Brougham  in 
the  lobby  of  the  House  of  Commons,  June  1824,  was  the  result  of 
consultation  with  Dr.  Joseph  Hamilton  —  now  in  Upper  Canada; 
and  that  before  I  exposed  myself  by  the  act,  a  packet  of  papers  con- 
taining, with  others,  a  letter  from  Dr.  Hamilton  to  me,  was  sealed 
by  him  and  by  me,  to  remain  for  my  justification.  That  packet  is 
still  in  my  possession  unsealed,  and  should  my  letter  to  the  King 
procure  for  me  inquiry,  I  trust  opportunity  will  be  afibrded  for  open- 
ing the  packet,  and  examining  its  contents,  in  the  presence  of  au- 
thorized persons.  First  and  last,  during  seventeen  years,  I  have  ad- 
vised sending  Commissioners  to  Quebec,  or  Montreal,  for  irivesti- 
gating  the  whole  affairs  of  British  America :  and  I  am  certain  the 
present  Ministry  can  do  nothing  more  immediately  necessary,  so  far 
as  the  colonies  are  concerned.  Should  such  Commissioners  be  sent 
from  England,  they  might  be  instructed  to  communicate  with  me ; 
and  thereby  effect  what  I  have  so  long  and  so  anxiously  desired. 
Be  assured,  my  dear  .Jeanie,  that  nothing  could  console  me  so  much, 
after  so  many  years  of  misfortune  and  persecution,  as  to  be  reunited 
to  my  children  ;  and  to  be  able  to  prove  to  the  world,  that  the  uni- 
form course  of  my  Hfe  has  been  guided  by  honorable  principles. 

Your  affectionate  Father, 

To  Miss  Gourlay.  ROBERT  F.  GOURLAY. 


New  York,  March!,  1835. 
My  Lord  —  This  is  accompanied  with  a  letter  to  the  King,  which 
I  trust  your  Grace  will  lay  before  His  Majesty,  not  merely  in  form, 
but  for  actual  perusal :  not  merely  as  minister  for  foreign  affairs,  but 
as  a  brave  and  an  honest  man  to  procure  justice ;  and,  it  is'  my 
duty  as  a  man,  a  father,  and  a  British  subject  to  strive  for  that,  even 
to  the  death. 

Ten  days  ago  a  copy  was  despatched  with  a  letter  to  one  of  my 
daughters  m  Scotland,  to  be  transmitted  by  her  to  your  Grace,  and 
another  besides  this,  goes  off  by  a  different  ship  to  ensure  the  object. 
That  my  letter  to  the  King  may  be  better  understood,  I  now  fur- 
nish a  copy  of  the  provincial  statute  alluded  to  therein,  together 
with  the  order  of  commitment,  and  affidavits.  I  also  furnish  a 
copy  of  my  letter  to  the  King,  dated  February  23,  1831,  with  reply 
by  order  of  Viscount  Melbourne ;  and  should  your  Grace  see  fit 
the  same  may  again  be  laid  before  His  Majesty.  '   ' 

My  Lord—  I  am  aware  that  the  many,  the  vast,  the  momentous 
objects  which  engage  your  attention,  may  obscure  those  of  an  indi- 
vidual :  but  IS  mme  an  ordinary  case  ?     Does  it  not  involve  the  con- 
stitutional right  of  every  British  subject ;  and  would  it  not,  if  allowed 
to  rest,  form  precedent  to  the  hurt  of  all?     Besides  this,  I  claim  re- 
gard as  advocate  in  the  two  most  vital  questions  which  have  to  de- 
termine the  stability  of  the  British  Empire :  the  reform  of  the  poor 
law  system,  and  that  of  American  Colonies.     To  the  first,  I  have 
devoted  attention  thirty-four  years ;  to  the  second,  more  than  half 
that  time.     Twelve  years  ago  I  offered  Mr.  Peel  a  plan  for  reform  of 
poor  laws.     He  required  it  in  writing ;  and  I  required  a  personal  in- 
terview which  he  did  not  grant.     I  now  offer  to  proceed  with  Com- 
missioners to  Canada,  and  thence  to  England ;  or  I  am  willino-  to 
return  to  England  directly  from  this  place,  to  communicate  with  y^'our 
Grace  or  the  existing  ministry.     Since  leaving  home  I  know  that 
poor  laws  have  been  amended  ;  but  that  will  not  suffice  without  a 
grand  system  of  emigration ;  and  at  this  moment  your  Grace  can  de- 
termine much.     Let  me  then  solemnly  conclude  •  let  me  conjure  you 
by  all  that  is  sacred  ;  and  may  these  words  wafted  across  the  Atlan- 
tic acquire  force  to  be  heard. 

You  have  now,  a  second  time,  more  than  any  man,  the  destinies 
ot  Britain  in  your  hands.  Revolutions  have  told  their  tale :  reform 
has  had  its  day  :  now  principle  and  patriotism  are  required  to  give 
effect  to  the  dear-bought  experiences  of  humanitv;  and,  most  ear- 
nestly do  I  pray  that  your  Grace,  every  way  experienced,  in  the  field 
and  the  Cabinet,  may  be  the  instrument  under  God,  of  at  once 
checking  the  madness  of  the  people,  and  determining  the  limits  of 
power.  Of  all  things  may  you  be  supported  by,  and  support  the  ele- 
vating principles  of  Christianity  to  the  subversion  of  cold-blooded 
time-servmg  Machiavellism.     I  am,  &c  ' 


To  the  Duke  of  Wellington. 


ROBERT  F.  GOURL 


_    "XT 


New  York,  April  2,  1835. 

My  Lord  —  It  was  not  my  intention  again  to  trouble  your  Grace, 
but  look  to  the  speech  of  the  '^overnor-in- Chief  of  British  America, 
(pasted  on  the  margin  from  a  newspaper,)  and  see  that  the  Parlia- 
ment of  Lower  Canada  has  been  dismissed,  after  doing  nothing,  or 
worse  than  nothing ;  just  as  that  of  Upper  Canada  was  dismissed 
seventeen  years  ago  ;  and  which  induced  me  this  very  day,  1818,  to 
advise  sending  commissioners  to  England,  for  inquiry  into  the  slate 
of  the  Province,  having  previously  importuned  Sir  Henry  Torrens 
to  engage  the  attention  of  the  Duke  of  York  and  Lord  Bathurst. 
His  Lordship  made  joke  of  the  matter,  and  I  was  ruined  by  colonial 
villany. 

Put  an  end  to  it.  In  or  out  of  office,  your  Grace  may  do  this. 
Advise  the  King  himself  to  cross  the  Atlantic,  and  come  with  his 
Majesty,  to  break  the  spell  of  delusion.  It  would  be  but  a  trip  of 
three  months,  and  would  achieve  wonders.  It  would  be  a  spectacle 
worthy  of  this  age,  and  would  emblazen  the  page  of  history  till  the 
end  of  time. 

Yon  could  reach  New  Foundland  in  two  weeks  from  Ireland  by 
steam  ;  in  two  more,  visit  Cape  Breton,  Prince  Edwards,  Nova  Sco- 
tia, and  New  Brunswick ;  run  down  the  American  coast,  and  land 
here.  Imagine  the  elFect,  were  his  Majesty  handed  on  shore  by  the 
President  of  these  United  States,  and  lodged  in  the  very  house 
which  the  Duke  of  Clarence  occupied  fifty-five  years  ago ;  were 
William  the  Fourth  to  appear  before  the  people  of  this  free  country, 
manifesting  the  good  feehng  of  an  EngUsh  gentleman  ;  and  proving 
to  the  world  that  Britain  and  her  offspring  were  again  friends. 

Hence  let  his  Majesty  ascend  the  Hudson,  and  proceed  to  the 
Falls  of  Niagara,  there  to  contemplate  nature's  sublimest  scene  ; 
and  compare  in  their  results,  free  with  forced  institutions — the  Uni- 
ted States  with  benighted  and  benumbed  Canada.  Then  descend 
the  St.  Lawrence ;  and,  on  the  heights  of  Abraham  proclaim  the 
Provinces  independent. 

May  1,  1835. 

My  Lord  —  The  above  was  laid  aside  till  this  day,  that  it  may 
not  go  forth  as  a  momentary  effusion.  I  shall  now  explain.  By  in- 
dependent it  is  not  meant  that  British  America  should  be  severed 
from  the  Empire  ;  but  only  that  the  people  should  be  left  to  legislate 
for  themselves  in  all  matters,  civil  and  religious. 

The  King  ought  still  to  retain  the  sovereignty,  the  forts,  the  un- 
appropriated territory,  and  the  water  ways. 

In  1818,  I  said  that  the  waste  lands  of  Upper  Canada,  well  man- 
aged, might  repair  all  the  forts,  maintain  two  regiments,  and  yield  a 
revenue  besides. 

I  say  now  that  the  waste  lands  of  British  America,  notwithstand- 
ing the  havoc  of  seventeen  years,  might  still  defray  the  charges  of 
a  general  government ;  uphold  the  forts  ;  and,  in  twenty  years  make 
good  a  water  communication  from  Montreal  to  the  Pacific.  This, 
My  Lord,  would  be  worthy  of  Britain,  and  enable  her  to  embrace 
the  globe. 


8 


We  are  now  informed  that  Lord  Canterbury*  is  coming  out  for 
settlement  of  disputes  in  Lower  Canada  ;  but  this  is  sheer  trifling. 
Should  the  King's  health,  or  other  circumstances  prevent  his  Majes- 
ty from  appearing  in  person,  one  of  his  sons  may  come  at  the  head 
of  a  commission.  Parliament  must  of  course  be  consulted,  and 
were  each  House  to  appoint  two  commissioners,  and  the  King  two, 
to  meet  two  from  each  of  the  provincial  legislatures  at  Quebec, 
making  in  all  nineteen,  every  point  might  be  well  discussed  and  the 
best  possible  constitution  ckawn  up  for  approval  of  the  imperial 
parliament. 

^  It  has  been  proposed  to  unite  the  Canadas,  in  order  to  control  the 
French  party,  but  all  should  be  confederated ;  each  province  free 
within  itself,  as  to  local  matters,  while  a  council  presided  over  by  a 
Viceroy  with  powers  of  clemency  should  constitute  a  general  gov- 
ernment. 

In  1818,  I  had  hope  through  Torrens,  that  the  Duke  of  York 
might  be  prevailed  on  to  come  out  as  Viceroy ;  but  all  was  blasted 
by  ignorance  and  brutality,  and  ail  will  be  blasted  still,  if  something, 
like  to  what  is  suggested  above,  be  not  immediately  resorted  to. 

No  one  has  thought  so  much  on  these  subjects  as  I  have ;  nor 
paid  so  dear  for  experience ;  and  it  would  be  pusillanimous  not 
freely  to  advise. 

Although  in  a  foreign  land,  I  have  by  no  means  abjured  my  na- 
tive country,  and  will  not ;  Nay,  I  am  here  on  neutral  ground,  merely 
to  maintain  my  rights,  and  to  say  that  British  spirit  shall  uphold 
British  America,  whether  the  weaklings  now  in  possession,  govern- 
ors or  governed,  will  or  will  not. 

Sir  Robert  Peel,  has  lately  said  in  Parliament  that  commercial 
arrangements  with  the  United  States  will  deprive  the  Canadians  of 
aid  in  this  quarter,  against  their  governments.     Sir  Robert  should 
consider  that  there  are  two  millions  of  British  in  these  United  States, 
still  bound  by  the  laws  of  native  allegiance— double  the  number  of 
all  the  subjugated  French,  and  vagabonds  who  have  been  sworn  to 
provincial  allegiance — two  millions  who  have  yet  warm  feelings 
towards  Britain,  and  who  overlooking  commercial  arrangements  may 
yet  cross  the  lines  to  settle  the  whole  account  on  loftier  principles 
—at  once  for  the  advantage  of  themselves  and  their  friends  at  home ; 
one  of  them,  who  has  just  excuses  for  doing  so,  the  moment  that  a 
favorable  opportunity  shall  offer,  and  who  has  already  given  notice. 
Were  I  an  American  citizen,  I  would  not  desire  to  see  another 
acre  added  to  the  Union,  for  it  is  already  too  extensive  for  a  Repub- 
lic.    But,  My  Lord,  I  am  a  British  subject,  and  a  loyal  one. 

Be  so  good  as  to  lay  this  letter  before  the  King  in  Council,  and 
accept  the  assurance  of  my  high  respect.     Your  Grace's  ob't  servant, 

^     ^  ,  ROBERT  F.  GOURLAY. 

The  Duke  of  Wellington. 


.  1}^A^  Canterbury  was  appointed,  but,  for  some  cause,  did  not  come  out.    Lord  Aylmer  iuc- 
ceeded  to  the  appointment :  came  out :  pleased  nobody  ;  and,  made  confusion  more  confounded. 


9 


New  York,  June  1,  1835. 
My  Lord  —  We  are  now  informed  that  your  Ministry  is  at  an 
end  ;  but  your  influence  at  court  will  remain  paramount ;  and  if  you 
have  not  acted  on  my  suggestions,  it  is  still  in  your  power  to  do  so. 
Throwing  this  sheet  before  the  public,  I  feel  that  my  duty  is  done. 
Respectfully  Yours, 

ROBERT  F.  GOURLAY. 
The  Duke  of  Wellington. 


CORRESPONDENCE  \YITH  HIS  EXCELLENCY  SIR  FRANCIS  BOND 

HEAD,. LIEUTENANT  GOVERNOR  OF  UPPER  CANADA. 
No.  1,  first  series. 

Copy.  MONSTERS ! 

Mr  Clark  will  show  this  to  the  inhabitants  of  Niagara  district, 
and  Mr.  M'Kenzie  may  publish  the  duphcate  to  all  the  world. 

Mr.  W.  Chisholm  and  Mr.  Paul  Peterson  shall  have  copies  to  ex- 
hibit in  the  Gore  and  Midland  Districts. 

Postages  will  be  paid  on  demand  by  the  Great  Bear  of  London 
District,  or  by  the  writer.  ROB.  F.  GOURLAY. 

Ohio,  December  22,  1835.  — 

MONSTERS ! ! 
I  repeat  it  this  30th  of  January,  1836,  and  beg  that  Mr.  Smart  will, 
after  showing  this  to  his  neighbors  put  it  under  cover,  for  the  Speak- 
er of  the  Commons  House  of  Assembly,  Toronto,  to  be  there  ex- 
hibited. ROBERT  F.  GOURLAY. 


With  Mr.  Gourlay's  compliments. 

Willoughhy,  Cuyahoga  Qninty,  Ohio,  February  15,  1836. 

Sir  Fmncis  Bond  Head. 

No.  2.  

Willmighby,  CuyaJioga  County,  Ohio,  February  19,  1836. 

Sir —  Seeing  from  newspapers  that  you  had  landed  at  New  York, 
as  Lieutenant  Governor  of  Upper  Canada,  and  that  you  had  been 
one  of  the  Poor-Law  Commissioners,  I  despatched  for  your  Excel- 
lency, three  days  ago,  a  printed  copy  of  letters  to  the  King,  my 
daughter,  and  the  Duke  of  Wellington.  His  Grace  replied  April 
15 ;  but  as  the  Peel  ministry  resigned  immediately  afterwards,  I 
sent  fifty  copies  of  these  letters  to  members  of  Parliament,  &c.,  in 
England ;  and  then  came  here  to  wait  results. 

"  I  note  offer  to  proceed  with  Commissioners  to  Canada,  and  thence 
to  England;  or  lam  willing  to  return  to  England  directly  from  this 
place  to  communicate  with  your  Ch'ace  or  the  existing  ministry.  Since 
leading  home  I  know  that  the  poor-laws  have  been  amended ;  but  that 
ivill  not  suffice  without  a  grand  system  of  emigration^ 

These  words  are  extracted  from  my  letter  to  the  Duke,  and  you 
may  receive  them  as  confirmation  of  continued  devotion  to  a  good 
•  cause. 

I  shall  enclose  a  Copy  of  Testimonials  obtained,  a;:d  printed  with 
many  more,  to  counteract  prejudice. 
2 


I  ill 


10 

Being  the  only  copy  in  my  possession,  you  will  have  the  goodness 
to  return  it  to  me  after  perusal.  Respectfully  Yours, 

ROBERT  R  GOURLAY. 
Sir  Francis  Bond  Head. 


No.  3. 

Government  House,  Toronto,  26  February,  1836. 
Sir  —  I  am  desired  by  the  Lieutenant  Governor  to  return  to  you 
your  Testimonials,  and  to  thank  you  for  your  obliging  communica- 
tion- "  I  have  the  honor  to  be,  Sir, 

Your  obedient  serv't, 

F.  HALKETT.   ' 
Robert  F.  Gourlay,  Esq.,  Willoughby. 


No.  4. 

Willmighhy,  Guyahoga  County,  Ohio,  March  24,  1836. 
Sir  — May  I  beg  you  to  peruse  the  enclosed  memorial  to  the 
Honorable,  the  Commons  of  Upper  Canada,  and  then  cause  it  to  be 
handed  to  the  Speaker,  who  will,  I  hope,  lay  it  before  the  House. 

Your  Excellency  will  further  oblige  me  by  looking  over  some 
more  of  my  printed  testimonials,  to  be  returned,  as  were  those  for- 
merly submitted  to  perusal. 

I  have  the  honor  to  be,  &c., 

„.   „  ROBERT  F.  GOURLAY. 

Sir  Francis  B.  Head. 


No.  5. 

rxj  T     ,;,     ^      ,  Willoiighhy,  Apnl,  1836. 

[PRIVATE.]  Mr.  Gourlay  presents  his  compliments  to  Sir  F.  B. 
Head,  has  not  yet  received  back  printed  testimonials  enclosed  with 
his  last  communication,  of  March  24,  but  hopes  they  are  on  the  way. 

Mr.  G.  subjoins  part  of  a  letter  to  his  daughter,  which  with  her 
letter  enclosed,  he  begs  may  be  retained  till  called  for. 

Q        ,„,     _ .  Toronto,  March  31,  1836. 

T  ,^^^~^"^  Lieutenant  Governor  has  read  your  testimonials  which 
I  beg  to  return  to  you.  He  has  also  perused  your  memorial,  and  has 
sent  It  to  the  Speaker  of  the  House  of  Assembly. 

I  remain,  Sir, 

Your  obedient  Servant, 

T.    15  T^  ^  ^  F.  HALKETT. 

ro  K.  r.  (jrovRLAY,  Esq. 


NOTE, 


at  C  ev^Un?iT^-"v  ^  ^'f  ^".  ^'^""'  ^  "^""^  ^"  continued  till  September  17, 1836,  and  printed 
No  V  h»n'rt   iTJ^"' '  ''"' !  "  ""necessary  to  exhibit  more  of  it  at  this  time.  '        '         ^ 
No.  1,  headed  '  Monsters,"  was  then  left  unexplained.    It  could  not  hurt  or  offend  anv  bodv 
and  was  nitended  to  nmrk  my  feelings  on  the  occasion  of  offerin.,  mr»?rvi"  °J  »?  "  St"?^.no  •{ 
iHrcjgn  country,  alter  my  own  imd  been  regardless  of  what  1  did  for  it  'in  nmnoq?n;^"in~1fil7  Vn  r,,,!. 


'Th« 


n 


To  Her  Most  Gracious  Majesty,    Victoria,  Sovereign  of  the    United 
Kingdom  of  Great  Britain  and  Ireland,  £fc.  Sfc.  6fc. 

The  Address  of  Robert  F.  Gourlay,  a  native  of  Ceres  Parish,  in 

the  County  of  Fife,  North  Britain :  banished  from  Upper  Canada ; 

and  now  residing  in  the  United  States  of  America. 

WiMoughby,  Ohio,  October  13, 1837. 
Most  Gracious  Sovereign  : 

Far  from  home,  and  in  a  foreign  land,  your  Majesty's  Speech  to 
Parliament  has  warmed  my  heart,  strengthened  my  patriotism,  and 
revived  expiring  hope.  Through  life  I  have  been  loyal,  but  now  my 
loyalty  is  more  fervent,  seeing  the  British  Crown  sustained  by  the 
veriest  purity.  Long  may  it  be  so  ;  and  may  Almighty  God,  on 
whom  you  depend,  continue  to  Your  Majesty  every  blessing. 

With  territory  encircling  the  globe,  two  hundred*  (one  hundred 
and  thirtyt)  millions  of  subjects  acknowledging  Your  Royal  sway, 
and  the  eyes  of  an  enlightened  world  turned  towards  the  British 
throne,  what  may  we  not  expect,  when  love  is  paramount,  and  God 
propitious ! 

Your  Majesty  must  be  aware,  that  the  people  of  Lower  Canada 
have,  for  several  years,  refused  supplies  to  Government,  and  are  now 
threatening  revolt,  while  many  in  other  provinces  sympathize,  and 
would  readily  assist.  Of  immediate  causes,  I  am  ignorant,  having 
for  many  years  turned  with  disgust  from  Canadian  affairs ;  but  doubt 
not  that  the  people  are  right.  Certainly  Lower  Canadians  were 
during  war,  and  long  after,  the  most  loyal  people  in  America ;  and 
from  personal  experience  I  know  that  nothing  is  too  bad  for  provin- 
cial Government  to  perpetrate.  Supplies  ought  to  have  been  refused 
twenty  years  ago  ;  and  thereby  twenty  millions  of  pounds  sterling 
might  have  been  saved  to  Britain. 

In  an  Address  to  the  late  King,  my  own  case,  opinions,  and  feel- 
ings were  set  forth ;  and  a  copy  is  annexed  for  Your  Majesty's  perusal. 
Permit  me  now,  most  excellent  Queen,  to  advise,  at  once  humbly, 
frankly,  and  earnestly. 

When  Constitutions  were  given  to  British  America,  the  inhabit- 
ants were  unfit  to  legislate  for  themselves  :  not  so  now ; — now  they 
are  nearly  as  numerous  as  were  the  people  of  the  United  States 
when  they  achieved  independence  ;  and  with  helps  of  this  enlight- 
ened age,  are  doubtless  more  able  to  frame  Constitutions.  Let  them 
do  so.  Let  the  Queen  of  the  ocean  cross  the  Atlantic ;  and,  at  Hal- 
ifax, Quebec,  and  Kingston,  proclaim  the  Provinces  free  ;  saving  to 
Britain  the  sovereignty  and  the  forts,  the  water-ways  and  wild  lands. 
Let  Your  Majesty  give  to  the  people  a  carte  blanche  for  legislation ; 
"  and  in  mercy  shad  the  throne  be  estahlished!'  Let  love  be  the  only 
bond  of  union  between  Britain  and  her  Colonies :  then  it  will  be 
eternal,  and  all  time  will  resound  with  applause. 

No  one  is  better  entitled  to  speak  of  Upper  Canada  than  myself. 
It  is  by  nature  the  most  enviable  spot  on  the  American  continent; 
but  how  does  it  stand  in  comparison  with  this  State  of  Ohio  ?      It 


*  Maximum. 


t  Minimum. 


Hi 


12 

began  to  be  settled  earlier ;  is  more  extensive  and  salubrious  •  as 
fertile  and  improvable ;  but  already  Ohio  has  three  times  the  popu- 
lation; three  times  the  extent  of  canals  and  rail-ways;  ten  times 
the  wealth,  and  more  than  ten  times  the  number  of  churches  col- 
leges, and  schools  — all  the  result  of  freedom. 

First  and  last,  my  object  has  been  to  make  Upper  Canada  an  asy- 
lum for  the  poor  of  England,  and  it  may  yet  be  a  happy  one.  For 
this,  lam  about  to  revisit  the  Provinces,  there  to  counsel  peace, and 
there  I  shall  await  a  reply  to  this  Address.  It  shall  be  transmitted 
to  Your  Majesty  by  one  of  my  daughters  in  Scotland,  who  will  wit- 
ness the  purity  of  my  motives,  as  well  as  my  constant  endeavors  to 
mamtam  the  unity  of  the  Empire. 

I  am,  most  dutifully,  sincerely,  and  respectfully. 
Your  Majesty's  loyal  subject, 

ROBERT  F.    GOURLAY. 

Nc.  1,  second  series.  Cleveland,   Ohio,  Dec.  27,  1837. 

Sir  .—Having  removed  to  this  city  for  warm  winter-quarters  and 
medical  aid,  a  month  ago,  Captain  Halkett's  letter  of  28th  Nov  [See 
A.  J  did  not  come  to  hand  so  soon  as  it  might ;  but  is  now  before  me, 
giving  assurance  that  the  third  copy  of  my  memorial  to  Her  Maiestv. 
was  despatched  for  my  daughter. 

With  sorrow  and  shame  have  I  since  read  of  rebellion  in  the  Can- 
adas:  — sorrow  for  the  poor  deluded  people  — shame  for  British 
rule,      l^ittle  did  I  imagine,  when  addressing  the  Queen,  that  the 

7nadness  of  the  people"  would  really  break  forth;  and  it  is  now 
some  consolation  to  think,  that  the  paroxysm  being  over,  good  may 
come  out  of  evil ;  -  that  bad  blood  let  off,  fever  may  abate,  and  the 
body  politic  enjoy  lasting  health. 

Immediately  after  returning  to  this  place,  from  Upper  Canada, 
last  year,  I  printed  my  correspondence  with  Your  Excellency,  (a 
copy  of  which  shall  be  despatched  along  with  this  letter,)  and  was 
actua  ly  on  board  a  schooner  for  passage  across  Lake  Erie,  when  ac- 
cident induced  delay.  I  then  added  to  my  printed  "  Record,"  and 
was  again  on  the  wing  for  Upper  Canada,  when  it  pleased  God  to 
strike  me  down  with  disease,  which  stiU  renders  me  Jmable  to  move 
into  the  Province. 

Sir !  —  however  wicked  and  weak  —  blackguard,  bloody,  and  bunff- 
hng,  have  attempts  been  to  rive  the  Colonies  from  Britain,  no  such 
disgraceful  catastrophe  would  have  been  witnessed,  had  the  Gov- 

Memorial  to  Her  Majesty,  have  been  despatched  to  Seafield. 

Your  obedient  servant, p.  Halkett. 

Mv  Dpar  rntVio,.     w-  ,      •      1  ,       Sfxifield,  (Fife,  Scotland,)  Jan.  3,  1838. 

'ri!rl..„*"Ii^^.^':r^«.!:«^«'^«^.y«"r  letter  of  25th  November  a  few  dkv«  .n^n 
'  ♦;:-""    i^"V'  "'  ""-■  ^V^'Jress,  Which  we  have  also  received  have  been  forWar"^^'^' 

ii-ver,  my  dear  father,  affectionately  yours,  j.  Gourlay. 


13 


now 


ernment  been  pure.  It  has  been  at  once  impure,  wasteful,  and 
regardless  of  principle,  as  I  myself  can  attest.  I  allude  to  none  of 
your  doings.  From  all  accounts  your  conduct  has  been  honorable 
and  masterly.  Your  latest  poUtical  measure  —  the  removal  of  the 
military  from  Upper  Canada,  and  confiding  in  the  people  —  is  above 
praise  —  is  itself  satisfactory  proof,  that  parties  have  had  fair  play ; 
while  the  result  already  condemns  revolters.  We  hear  that  they 
are  in  possession  of  Navy  Island,  with  strong  reinforcement  from 
the  United  States.  Let  them  abide  to  cool ;  and  honor  them  not 
with  a  siege.     A  little  time  will  show  them  off  as  truly  contemptible. 

Americans,  generally,  are  grossly  ignorant  of  Canadian  affairs. 
They  talk  of  tyranny  and  oppression,  while  Britain  has  been  indul- 
gent to  a  fault ;  —  pampering  fools,  and  caressing  bears.  They  com- 
pare this  miserable  brawl  to  their  glorious  revolution  I  What  would 
Washington  say,  were  he  to  rise  from  the  grave  I  The  good  sense 
of  Americans  will  soon  discover  their  mistake  ;  and,  if  the  fools,  who 
in  frenzy  have  taken  part  with  run-aways,  do  not  retire  in  shame, 
their  countrymen  will  gladly  see  them  kicked  out  from  interference 
in  family  affairs. 

I,  Sir,  am  out  of  sight  the  greatest  sufferer  from  colonial  abuse ; 
but,  I  am  a  Briton  ;  and  to  Britain  shall  ever  be  true.  I  have  con- 
stantly looked  to  Upper  Canada  as  a  field  where  the  best  principles 
and  feelings  may  be  cultivated ;  and  despair  not,  even  now,  when 
it  is  putrid,  of  seeing  its  fruit  of  the  finest  flavor. 

Four  years  ago  I  landed  at  New  York ;  and,  annoyed  with  the 
threats  of  one  party,  and  the  caresses  of  another,  issued  a  proclama- 
tion against  all.  A  year  afterwards,  my  case  was  addressed  to  His 
Majesty,  while  I  told  the  Duke  of  Wellington,  that  "  British  spirit 
shall  wphold  British  America,  whether  the  weaklings  now  in  j^ossession 
—  Governors  or  governed — zvill  or  ivillnot."     I  say  so  still. 

But,  Sir,  there  is  a  cause  greater  than  that  of  Canada,  —  more  cry- 
ing than  the  strife  of  nations,  more  sacred  than  that  of  patriotism  — 
the  cause  of  the  poor ;  a  cause  which  must  be  won,  not  by  hostile 
attack,  but  by  friendly  admonition,  reason,  and  religion.  To  that 
cause  I  am  spell-bound. 

This  day  thirty-seven  years  ago,  I  left  London,  under  the  auspices 
of  the  Board  of  Agriculture,  (see  Young's  Annals  of  Agriculture, 
voliune  37,  and  page  514,)  to  inquire  as  to  means  of  bettering  the 
condition  of  the  poor ;  and  from  that  day  to  this,  have  been  devoted 
to  the  pursuit.  You  have  been  a  Commissioner  of  poor-laws  :  I 
have  made  that  subject  the  study  of  my  life.  I  have  informed  Her 
Ma-jesty,  that  "first  and  last,  my  object  has  been  to  make  Upper 
Canada  an  Asylum  for  the  poor  of  England;"  and,  with  Her  Majes- 
ty's assistance,  shall  render  it  "  a  happy  one." 

Now,  Sir,  enough  is  said  for  the  present ;  and  all  I  ask  of  you  is, 
to  lay  this  letter  and  the  enclosed  Address  to  the  Queen,  before  the 
v-ommons  liouse  oi  xissembly  j  whiie  you  cause  copies  of  the  whole 


14 


to  be  published  in  provincial  newspapers.     If  ignorance  has  hitherto 
taken  my  writings  as  bane,  these  may  serve  as  an  antidote. 

I  have  the  honor  to  be,  with  the  utmost  respect,  your  Excellen- 
cy's obed't  serv't,  ROBERT  F.  GOURLAY. 

Sir  Francis  Bond  Head,  «kc. 

N.  B.  May  I  request  that  the  enclosed  dollar  be  paid  to  the  Post 
Master  of  Toronto  —  postage  of  a  letter  from  Scotland,  forwarded  to 
me  last  summer.     Acknowledgment  of  receipt  of  this,  will  oblige, 

R.  F.  G.' 

No.  2.  Ttrronto,  Wth  January,  1838. 

Sir,  —  I  am  commanded  by  the  Lieutenant  Governor  to  acknowl- 
edge the  receipt  of  your  letter  of  the  27th  December ;  and  to  inform 
you,  that  His  Excellency  will  pay  every  possible  atter.tion  to  your 
wishes. 

I  have  the  honor  to  be,  Sir,  your  obed't  servant, 

Robert  F.  Gourlay,  Esq.  F.  KALKETT. 

No.  3.  

Copy-  Buffalo,  Dec.  26th,  1837. 

My  Dear  Sir,  —  I  take  the  liberty  of  calling  upon  you  to  give  as- 
sistance in  the  cause  of  Patriotism  in  Canada.     We  are  contending 
for  our  hberties.     Our  motto  is,  liberty  or  death      In   haste.      I  am 
Sir.  yours,  W.  L.  McKENZIE. 

Robert  Goorley,  Cleveland. 


M 


Cleveland,  Ohio,  Monday  morning,  January  1st,  1838 
Mr.  Gourlay  received  a  letter,  unclosed,  of  which  the  ab^vo  is  a 
copy,  late  last  Saturday  evening.  Looking  to  it  again,  nu.v^,  he 
thmks  It  may  be  a  forgery  —  being  not  very  like  some  of  Mr.  Mc- 
Kenzie's  former  letters ;  and  Mr.  Gourlay's  name  seemingly  mis- 
spelled. ' 

Mr.  Gourlay  knows  nothing  of  the  present  state  of  Canada  but 
from  newspaper  reports,  some  of  which  contradict  others,  and  all  of 
which  may  be  incorrect.  Will  be  glad  if  Mr.  McKenzie,  on  receipt 
of  this,  writes  him  distinctly  what  assistance  is  required  ?  on  what 
grounds  Mr.  M.  took  up  arms  against  the  Provincial  Government '^ 
what  IS  the  force  now  on  Navy  Island  ?  and  what  the  proportion  of 
Canadians,  there  assembled  ?  also,  what  steps  are  to  be  pursued  ' 
,  Being  informed  briefly  on  these  points,  Mr.  Gourlay  will  immediately 
communicate  his  opinions.  He  has  been  lame  twelve  months,  and 
could  not  now  travel  to  Buffalo,  though  willing. 

Along  with  this  he  will  despatch  a  copy  of  "  The  Banished  Briton  " 
printed  here  a  year  ago,  with  intention  to  give  it  away  in  Canada' 

W.  L.  McKenzie,  in  Camp,  Navy  Island,  near  Buffalo. 

o  mu      ,  .„  Cleveland,  Ohio,  January  2,  1838. 

Sir  —  The  above  will  speak  for  itself     Last  night  a  very  nuraer- 

Sutherland  was  present,  and  stated,  that  he  had  come  from  Navy 
Island  to  ask  assistance  for  the  Patriot  army ;  and  he  was  ably  sec- 
ended  by  several  very  eloquent  speakers,  who  caUed  forth  loud  ap- 
plause.  ^ 


15 


s  hitherto 

Excellen- 
ilLAY. 

the  Post 
varded  to 
oblige, 

F.  G. 
,  1838. 
acknowl- 
to  inform 
1  to  your 


:ett. 

,  1837. 
give  as- 
ntending 
I  am, 
NZIE. 


,  1838. 
3i  ve  is  a 
now,  he 
Mr.  Mc- 
gly  mis- 

lada  but 
ad  all  of 
1  receipt 
on  what 
rnment  ? 
ortion  of 
lursued  ? 
lediately 
Lths,  and 

Bnton" 
'anada. 


1838. 
r  nuraer- 

GtneraZ 
m  Navy 
bly  sec- 
loud  ap- 


I 


I 


I  was  then  urged  to  stand  up,  which  I  did,  telling  them,  that  I 
took  no  part  in  the  discussion,  but  would  advise  them  to  pause,  and 
consider  whether  it  was  right  to  throw  brands  into  a  neighbour's 
house  on  fire,  —  whether  it  was  becoming  to  proceed  in  this  busi- 
ness, while  not  a  single  individual  was  present  from  Canada,  to  in- 
vite them.  I  said,  that  American  eloquence  was  powerful ;  but  that 
the  greatest  oratory  of  antiquity  had  been  unavailing;  for  soon  after 
the  appearance  of  Demosthenes,  Greece  was  subjected  to  a  foreign 
power ;  and  that  Cicero  saw  the  downfall  of  Roman  liberty,  I  then 
read  the  above  correspondence  with  Mr.  McKenzie  ;  and  begged  of 
them  to  give  me  a  hearing,  when  his  next  letter  was  replied  to.  This 
request  was  disregarded ;  and  a  resident  clergyman  followed  me,  to 
urge  on  the  cause  of  Canadian  independence,  &c. 

A  committee  of  twenty-one  was  appointed  to  manage  matters ; 
and  a  corps  of  volunteers  is  raising. 

It  was  shown,  that  all  this  might  be  done  without  infraction  of 
national  treaties  ;  and  a  high  law  authority  was  quoted,  distinguish- 
ing between  national  and  individual  aid  to  belligerents. 

I  shall  accompany  this  with  a  copy  of  "  The  Banished  Briton," 
containing  what  was  added  to  it,  after  the  first  printing ;  and  will  be 
obliged  with  acknowledgment  of  receipt. 

I  am,  respectfully,  yours,  ROBERT  F.  GOURLAY. 

Sir  Francis  Bond  Head.        

No.  4.  T(yronto,  U.  C,  Jan.  12,  1838. 

Sir,  —  I  have  received  your  letter  of  the  2nd,  and  cannot  refrain 
from  thanking  you  foi'  the  part  you  took  at  the  meeting  at  Cleveland. 

The  invasion  of  any  country,  by  its  allies,  is  an  act  of  aggression 
revolting  to  a  generous  mind. 

I  remain.  Sir,  your  faithful  and  obed't  serv't,        F.  B.  HEAD. 

Rob't  F.  Gourlay,  Esq. 

No.  5. 

"  It  is  often  by  impulse,  and  not  by  reason,  that  public  sentiment  is  drifted  along : 
causing  a  tide  in  the  affairs  of  men,  which  no  wisdom — no  experience  can  stem. 
There  seems,  at  times,  a  blind  and  headlong  necessity,  even  in  the  moral  world, 
which  can  no  more  be  withstood  than  the  currents  of  the  ocean — transitions  in  the 
history  of  nations,  during  which  man,  as  if  struck  with  impotency,  stands  in  passive 
and  trembling  abeyance,  till  the  hurricane  has  blown  over  him :  till  the  sweeping 
anarchy — resistless  as  the  onset  of  the  elements — has  spent  its  violence,  and  the 
high  ordinations  of  Providence  are  fulfilled. —  Chalmers :  Biidgewater  Treatise. 

Cleveland,  Ohio,  Jan.  5,  1838. 

Sir  —  I  have  this  morning  read  your  speech  to  the  Provincial  Par- 
liament, with  infinite  satisfaction,  as  it  every  way  sustains  British 
honor  ;  and  I  have  quoted  from  an  old  friend,  what  seerhs  better 
than  remark,  on  the  aids  given  by  the  American  people,  to  Navy 
Island ;  and  consequent  burning  of  their  steamboat,  in  an  American 
harbour. 

Yesterday,  3  P.  M.  a  schooner  sailed  from  this  port,  with  a  fair 
wind,  for  Detroit  river ;  but  the  wind,  after  a  gale,  chopped  round 
during  the  night ;  and  where  the  vessel  now  is,  no  one  can  say.  She 
had  on  board  General,  alias  Colonel  Sutherland,  of  Buffalo,  with  up- 


m': 


& 


16 

wards  of  sixty  volunteers,  for  invasion  of  Upper  Canada,  under  the 
name  of  emigrants ;  a  hundred  muskets,  some  field-pieces,  &c. 

Respectable  citizens  congratulate  themselves  on  thus  being  rid  of 
many  base  characters.  Some  say  the  intention  v/as,  to  occupy  Bois- 
blanc.  Others,  that  400  Blacks  are  at  Maiden,  ready  to  receive  them 
with  the  Patriot  motto  —  "  liberty  or  death." 

JNo  doubt  Your  Excellency  has  used  every  precaution. 

Very  respectfully,  yours,  &c.         ROBERT  F.  GOURLAY. 

Sir  Francis  Bond  Head. 


No.  6.  Toronto,  January  15,  1838. 

Sir  —  The  Lt.  Governor  has  directed  me  to  offer  to  you  his  best 
thanks  for  your  letter  of  the  5th  instant. 

I  have  the  honor  to  be,  Sir,  your  obed't  humble  servant, 

R.  F.  Gourlay,  Esq.  F.  HALKETT. 

No.  7.  

(Copy.)  Nhvy  Island,  Sth  Jan.  1838. 

To  Robert  F.  Gourlay,  Esquire,  Cleveland. 

Dear  Sir — Your  conjecture  was  right.  The  letter  sent  you 
from  Buffalo,  dated  26th  December,  was  a  forgery.  I  knew  you  was 
in  America,  but  have  declined  to  write  you  on  political  subjects,  be- 
cause I  perceived,  in  the  sharp  letter  you  wrote  to  IMr.  Hume  [see 
B.]  in  consequence  of  his  letter  to  me,  when  Mayor,  that  you  was 
still  favorable  to  the  colonial  yoke,  and  adverse  to  independence  for 
Canada. 

I  do  not  doubt  your  sincerity,  wherever  you  advocate  any  princi- 
ple ;  but  when  I  found  we  had  arrived  at  the  most  opposite  conclu- 
sions, on  a  cardinal  point,  I  thought  it  was  useless  to  trouble 
you  with  any  more  letters ;  for  I  felt  grateful  to  Mr.  Hume,  for  an 


B. 


To  M-.  Hume,  a  Member  of  the  British  Parliament. 

„        T 1-  1.  r  ,  ■^'*"'  ^o''*.  J^f  3,  1834. 

biR— I  have  now  before  me,  your  letter  to  Mi.  McKenzie,  dated  29th  March  last ; 
and  am  grieved  to  see  it :  nay,  when  first  read,  it  disgusted  me. 

Very  possibly  Mr.  Ryerson  behaved  ill  to  you  ;  but,  nevertheless,  it  was  not  for 
you,  a  member  of  the  British  Parliament,  to  descent?  to  vituperation,  evidently  writ- 
ten for  newspaper  display. 

Had  you  done  justice  to  my  petition,  presented  27th  February,  1822 ;  or  had  you 
brought  rne  before  Parliament,  any  time  during  the  six  years  I  corresponded  with 
you,  lor  that  end,  all  would  have  been  well :  indeed,  Canada,  instead  of  being  a  dis- 
grace to  Britain,  would  have  been,  before  now,  her  joy  and  her  strength. 

Is  it  becoming  in  you,  acquainted  only  with  partial  details  of  party  politics,  to 
fling  out  venom  against  British  rule,  however  blameable,  at  a  distance  of  four  thous- 
and miles  ?  — to  flatter  "<Ae  high-minded  people  of  Canada;"  or,  to  speak  of  "  the 
baneful  domination  of  the  mother  country;  and  the  tyrannical  conduct  of  atmaUand  des- 
picable faction  in  the  colony  ?  "  No,  Mr.  Hume !  your  letter  is  shameful.  Your  in- 
dustry, your  orderly  habits,  and  your  economy,  may  be  commended ;  but  your  fault- 
imding,  your  feeling,  and  your  philosophy,  are,  to  use  your  own  word,  "despicable." 

You  say,  the  people  of  Lower  Canada  are  taking  the  means  of  forcing  their  affairs  on 
the  Government.  I  say,  that  without  more  force  than  you  possessed  twelve  years 
ago.  all  that  was  desirable  for  Canada,  might  have  been  obtained. 

My  views  have  all  along  been  chaste  and  elevated ;    and  this  day  I  have  written 
to  Lord  Mthorp  —  "  Let  nothing  be  concluded,  as  to  poor-law  reform  and  Canada,  till 
Commissioners  —  myself  one  of  them  —  have  met  at  Montreal.'" 
Advance  this  measure,  and  you  may  still  be  useful  to  me  and  the  nation  to  which 


'-i 


you  belong. 


Your  obed't  serv't, 


Rob't  F.  Goublay. 


17 

honest  and  really  valuable  advice,  while  "ku  concluded  him  worthy 
of  sincere  censure. 

Your  question,  as  to  what  were  the  causes  that  led  us  to  take  up 
arms,  I  think  it  useless  to  answer ;  for  no  one  could  answer  that 
better  than  yourself.  A.s  to  our  object,  of  course,  it  is  independence 
of  European  domination  for  ever. 

I  am  sorry  to  hear  of  your  lameness ;  and  trust  the  day  is  not  far 
distant,  in  which  the  country  will  (though  late)  make  some  repara- 
tion for  the  wrongs  done  you. 

I.  thank  you  for  "  The  Banished  Briton ;"  and  as  to  the  progress 
of  this  movement,  the  public  journals  will,  perhaps,  be  the  best 
mean.s  of  information.  I  dare  say  we  shall  succeed,  though  not  so 
speedily  as  I  at  first  anticipated. 

The  weather  is  very  mild,  Mrs.  McKenzie  stopt  a  fortnight  on 
Navy  Island ;  and  left,  for  Buflalo,  last  Friday.  I  remain  your  faith- 
ful friend,  W.  L.  McKENZIE. 


"  It  is  impossible  but  that  offences  will  come :  but  woe  unto  him 
througli  whom  they  come  I 

"  If  thy  brother  trespass  against  thee,  rebuke  him  ;  and  if  he  repent, 
forgive  him." 

Cleveland,  Ohio,  January  14,  1838. 

William  Lyon  McKenzie  —  Your  letter,  dated  Navy  Islard,  8th 
January,  reached  me  last  night;  and  this  (Sunday)  morning  the 
above  texts  met  my  eye,  on  opening  the  Bible.     Let  them  be  used. 

Without  exception,  you  are  now  the  most  prominent  person  in 
America.  Oh,  that  it  were  in  honor  I  Offences  have  come,  and 
woe  unto  you  !  God  has  used  you  as  an  instrument ;  and,  as  the 
vilest  of  instruments,  will  cast  you  away,  if  you  do  not  repent.  Do 
so  immediately,  and  I,  for  one,  shall  forgive  you. 

Supposing,  from  my  sharp  letter  to  Mr.  Hume,  that  I  was  "favor- 
able to  the  Cokmial  yoke,  and  adverse  to  independence  for  Canada," 
you  are  wholly  wrong ;  and,  with  fit  occasion,  this  shall  be  made 
plain.  Mr.  Hume  is  a  little  man ;  and  you  less.  There  are  consti- 
tutional means  for  reform,  in  Canada.  JPapineau  was  using  these; 
and  with  patience  alone,  would  have  effected  the  end.  Force  was 
altogether  unwarrantable.  I  had  right  to  take  up  arms :  you  none ; 
and  had  you  succeeded,  so  far  from  rejoicing,  I  would  have  turned 
my  back  on  America  for  ever. 

During  four  years'  residence  in  these  United  States,  I  have  wit- 
nessed far  worse  than  European  domination,  —  the  domination  of 
the  worst  passions :  mobs,  murder,  sacrilege,  and  profanity,  of  every 
kind.  I  have  seen  Texas  conquered,  only  to  extend  the  domain  of 
slavery ;  and  you  holding  out  a  bait  of  three  hundred  acres  of  land 
to  Republicans,  who  woidd  grant  no  asylum  to  slaves  in  Canada. 
You  call  yourself  a  Patriot,  and  fly  from  home  to  enlist  scoundrels 
fur  the  conquest  of  your  country.  This  is  patriotism  with  a  ven- 
geance ;  but  God  will  avenge.  I  am,  more  in  pity  than  in  anger, 
yours,  &c.  ROBERT  F.  GOURLAY. 

P.  S.  —  Let  your  comrades  on  Navy  Island,  have  benefit  by  peru- 


18 


sal  of  this  ;  and  furnish  a  ccypy  to  editors  of  Buffalo  newspapers,  that 
the  public  at  large  may  reflect  on  the  whole  matter.  R.  F.  G. 


II' 


!U 


lit      1 


Cleveland,  Ohio,  January  23,  1838. 

Sir—  Your  letter  of  January  12th,  and  Capt.  Halkett's  of  January 
11th  and  15th,  reached  me  all  together,  yesterday,  and  I  have  now 
copied  out  above,  Mackenzie's  letter  to  me,  with  my  reply. 

I  should  be  glad,  did  you  order  a  copy  of  my  memorial  to  Her 
Majesty,  with  copies  of  my  communications  to  your  Excellency,  27th 
December,  2d  January,  5th  January,  and  this,  to  be  written  out  and 
despatched  to  the  Home  Government. 

I  have  the  honor  to  remain,  with  high  respect,  your  obd't  serv't, 

ROBERT  F.  GOURLAY. 

Sir  Francis  Bond  Head. 


No.  8,  Toronto,  2d  February. 

Sir---  I  am  directed  by  the  Lieutenant- Governor  to  acknowledge, 
and  thank  you,  for  your  communication  of  the  23d  ultimo. 

I  have  the  honor  to  be.  Sir,  your  obedient  servant, 

F.  HALKETT. 

R.  F.  Gourlay,  Esq.  

No.  9.  Cleveland,  Ohio,  February  10,  1&38. 

Sir  -"  Capt.  Halkett's  letter,  2nd  instant,  reached  me  last  night, 
along  with  the  inclosed,  which  will  tell  its  own  story.  (  To  be  re- 
turned. ) 

For  several  days  last  week,  this  city  was  thronged  with  troops 
from  Navy  Island,  on  their  march  westward  ;  and  it  is  now  said  there 
are  three  thoustuid  men  armed  with  muskets,  pikes,  and  bowie- 
knives,  ready  to  cross  into  Canada,  on  the  ice ;  —  some  at  old  fort 
St.  Clair  ---  some  at  Sandusky.  From  the  latter  place,  they  are  first 
to  proceed  to  Cunningham  Island ;  but  I  question  whether  they  will 
find  footing,  all  ice  having  disappeared  here,  from  a  thaw  five  days 
ago ;  though  it  is  again  forming. 

I  did  not  reckon  more  than  one  in  five,  who  passed  here,  to  be 
Canadians.  These  were  generally  dejected,  and  much  to  be  pitied ; 
having  left  behind  them  friends  and  property.  The  rest  were  foul- 
mouthed  scoundrels,  of  the  very  worst  stamp ;  mostly  from  New 
York  State.  Their  horrid  abuse  of  every  thing  British  has  generated 
feelings  in  old  country  people,  which  will  not  soon  cool  down.  All 
but  some  low  Irish  are  indignant  at  the  interference  of  Americans 
in  Canadian  affairs. 

I  am  extremely  sorry  to  observe,  from  newspapers,  that  you  have 
resigned  the  Government ;  but  you  may  do  the  state  some  service  at 
home,  with  your  experiences ;  while  ministers  must  be  aware,  from 
results,  that  all  along  you  were  in  the  right. 

May  I  request  that,  before  your  Excellency  leaves  Toronto,  my 
family  letters  put  into  your  hands,  in  confidence,  as  sacred  pledges 
of  fidelity,  together  with  all  my  papers  relating  to  private  affairs,  in- 
cluding the  annexed  half  sheet,  be  put  under  cover,  sealed  up  and 
addressed  for  me,  to  remain  in  the  hands  of  the  Lieutenant- Govern- 


f\ 


19 


or  till  called  for.     This  will  oblige  yours,  faithfully, 

ROBERT  F.  GOURLAY. 
Sir  F.  B.  Head. 


No.  10.  Toronto,  \lth  February,  1838. 

Sir  --- 1  am  desired  by  the  Lieutenant-Governor  to  acknowledge 
your  letter  of  the  10th  instant,  and  to  return  the  enclosed. 

Your  family  letters  and  other  papers,  which  I  have  had  charge  of 
for  some  time,  shall,  accordinrr.to  your  desire,  be  handed  over  to  the 
neAV  Lieutenant-Governor,  sealed  up  and  directed  as  you  wish. 

Your  letter  to  W.  L.  Mackenzie  has  given  general  satisfaction, 
and  has  a])poared  in  all  the  leading  papers.  I  remain.  Sir,  your 
obedient  servant,  F.  HALKETT. 

R.  F.  Gourlay,  Escp  

No.  11.  Cleveland,  Ohio,  Feb.  14,  1838. 

Sir— Nine  four-horse  wagons,  with  sixty  soldiers  of  the  United 
States  army,  })assed  through  this  city,  from  the  east,  three  days  ago, 
to  check  movements  for  the  invasion  of  Canada;  and  the  day  after, 
eighteen  stand  of  arms,  stolen  from  the  civil  power  .  jre,  last  week, 
with  a  field-piece,  were  recaptured,  fifteen  miles  west  of  this. 

It  is  now  reported  that  a  wagon  has  crossed  from  Sandusky  point, 
on  the  ice,  to  Cunningham  Island ;  so  that  the  desperadoes,  of  whom 
eight  hundred  were  said  to  be  at  that  point,  may  have  proceeded  for 
Canada. 

I  mention  this,  not  from  any  dread  that  the  province  will  be  con- 
quered, but  to  make  record  of  the  strange  warfare,  and  to  guard,  as 
much  as  possible,  against  bloodshed  ;  for,  so  far  as  I  know  and  have 
heard,  nothing  too  murderous  will  be  stuck  at,  against  the  Tories, 
as  all  are  called,  who  stand  up  for  British  interests.  Yours,  res- 
pectfully, ROBERT  F.  GOURLAY. 

Sir  F.  B.  Head. 


NOTE. 

Throwing  these  letters  before  the  public,  I  wish  it  to  be  known,  that  they  were 
all  openly  exhibited  in  Cleveland  —  where,  during  four  months  of  excitement,  I 
was  uniformly  opposed  to  every  measure  tending  to  countenance  the  self-styled 
Patriots  —  that,  not  only  in  the  Court-house,  but  Lyceum  —  in  bar-rooms,  groceries, 
in  doors  and  out,  I  lost  no  opportunity  to  dissuade  from  the  murderous  work  ;  nor, 
will  my  mode  of  cooling  down  the  "  blood,  blood,  blood  ! ''  of  a  certain  rabid 
phlebotomist,  be  yet  forgotten  there. 

The  misguided  Refugees  from  Canada,  knowing  the  damnable  treatment  I  had 
received  in  the  projrince,  and  being  more  especially  hopeful  of  my  assistance  from 
a  false  report  published  in  newspapers,  before  the  outbreak,  that,  I  was  ready  for 
invasion,  with  ten  thousand  volunteers,  were  lost  in  wonder,  when  they  found  me 
adverse  to  their  movements. 

Van  Renssellaer's  Aid-de-Camp,  above  mentioned,  {this  note  was  attached  to  the 
first  publication.  The  "  mention,"  i*  now  below, — page  22,  at  the  astrrisk,)  spent  half 
a  day  with  me  ;  and,  by  my  advice,  inst'3ad  of  proceeding  westward,  as  the  General 
had  directed,  immediately  retraced  his  steps  to  Buffalo,  full  fraught  with  my  opin- 
ions, and  having  heard  rne  read  the  scroll  of  a  letter,  to  his  superior  in  command, 
beginning  as  follows : — 

Cleveland,  January  17,  1838. 

Sir, — Being  informed  that  you  are  a  young  man,  belonging  to  a  very  wealthy 
family,  and  bred  a  soldier,  I  cannot  imagine  you  destitute  of  honor,  or  wholly  with- 


'  4 


20 

out  the  feelings  of  a  gentleman  ;  but,  in  every  age,  from  "  Macedonia's  madman  to 
the  Swede,''  Ave  have  seen  military  glory  obscuring  all  else,  and  setting  common 
sense  at  defiance.  Never,  however,  was  hallucination  more  blinding  than  yours. 
At  a  moment  of  profound  peace,  putting  on  armor,  and,  led  on  by  the  little  editor 
of  a  blackguard  newspaper,  entering  the  lists  of  civil  broil,  and  erecting  your  stand- 
ard on  Navy  Islan  •,  to  defy  the  armies  of  Britain  !  David  before  Goliath  seemed 
little  ;  but  God  was  with  him.  What  are  you,  in  the  limbo  of  vanity,  with  no  stay 
but  the  devil!  &c.  &c.  &c.  Robert  F.  Gourlay. 

Gen.  Van  Renssellaer. 


^OTE.—jSpril  22,  1813. 

William  Lyon  McKenzie,  self-styled  Patriot,  Hero  of  Navy  Island,  and  Prince  of 
mischief-makers,  sprung  out  of  me ;  and  I  countenanced  him  during  five  years, 
VIZ  :  1824,  till  1829,  inclusive.  Finding,  then,  that  he  had  no  stability,  I  cut  cor- 
respondence, and  during  three  years  heard  nothing  of  him. 

In  July,  1832,  he  wrote  to  me  from  London,  and  I  returned  his  letter  from  Leith. 
He  wrote  again  soon  after,  when  I  bade  him  call  ''for  a  crack,''  should  he  come  to 
Scotland.  In  the  spring  of  1S33  he  did  call,  and  pressed  me  to  go  back  to  Upper 
Canada,  where  he  said  "  the  people  would  pay  me."  I  told  him  in  reply,  they 
must  first  settle  the  old  account,  or  I  would  cut  all  their  throats.  In  short,  I  used 
such  language  merely  to  express  disgust  with  all  their  political  doings ;  but  1 
showed  him  and  his  wife,— a  modest,  well-behaved  woman,— every  civility  other- 
wise,-going  with  them  all  over  Edinburgh,  through  the  castle,  palace,  &c,,  &c. 

After  my  arrival  at  New  York,  early  in  1834,  I  received  a  note  from  Mr.  George 
Bruce,  type-founder,  saying  there  was  a  letter  for  me  at  his  office.  I  called,  and 
found  it  was  from  Mr.  McKenzie.  In  reply,  I  penned  an  exceedingly  coarse  epis 
tie,  which  I  bade  him  publish  in  his  newspaper.  This,  before  despatching  I 
asked  Mr.  Bruce  to  read.  After  perusal,  I  asked  him  to  attest  the  same  at  bottom 
with  his  signature  ;  and  this  also  he  did.  I  then  said,  "  Mr.  Bruce,  I  have  no  bad 
feeling  personally  towards  Mr.  McKenzie,  but  wish  to  have  no  correspondence 
with  him  on  political  subjects."— Mr.  Bruce,  I  know,  remembers  this  well.—  Mc 
Kenzie  wrote  two  letters  more  ;  and  I  then  peremptorily  desired  him  to  desist, 
long  before  my  "  sharp  letter  "  to  Mr.  Hume ;  nor  did  I  see  his  hand-writing  again 
till  the  above  dated  from  Navy  Island.  In  that  letter,  he  says  he  "  declined  to 
write;  but  it  was  I  who  declined:  and,  had  he  taken  my  advice,  to  ''repent,  imme- 
diately, It  would  have  been  well.  It  is  never  too  late  ;  and  as  he  has  some  good 
quahties,  I  trust  these  may  vet  be  cultivated,  while  the  bad  are  laid  aside  for  ever. 
On  a  future  occasion,  I  shall  have  opportunity  to  illustrate  his  character  further. 


CORRESrONDENCE  WITH  SIR  GEORGE  ARTHUR. 

Cleveland,  Ohio,  April  28,  1838. 
SiE,  —  As  successor  to  Sir  Francis  Bond  Head,  you  are,  I  pre- 
sume, in  possession  of  my  correspondence  with  that  gentleman.  It 
began  with  a  communication  despatched  from  Willoughby,  I'Hh 
February,  1836,  and  closed  with  my  letter  from  this  place,  Febrr.ary 
14,  1838.  During  that  correspondence,  I  placed  in  his  hands,  confi- 
dentially, certain  letters  and  papers  relating  to  private  affairs,  which, 
before  his  departure,  I  desired  might  be  sealed  up,  and  directed  for 
me,  to  remain  till  called  for,  in  your  Excellency's  possession.  May 
I  now  beg  the  favor  of  a  few  lines,  saying  whether  such  a  packet  is 
m  hand,  and  will  be  cared  for. 

^  I  crossed  the  Atlantic,  1833,  intending  to  do  business  in  the  United 
states,  and  not  to  enter  Canada.  Circiunstances  baulked  expecta- 
tion ;  and  after  six  months  correspondence  with  Sir  Francis,  I  cross- 
ed from  Detroit  to  Sandwich,  perambulated  the  Western  district, 
and  finding  the  inhabitants  friendly,  returned  here  for  my  trunk, 


21 


thence  to  proceed  for  Toronto ;  but,  on  the  eve  of  departure,  was 
struck  down  with  disease,  which  has  these  last  sixteen  months,  ren- 
dered me  unable  to  travel.  Though  not  yet  entirely  recovered,  I 
hope,  with  warm  weather  and  steamboat  navigation,  again  to  visit 
the  province ;  and  would  now  bespeak  your  patronage,  as  I  did  that 
of  your  predecessor,  in  drawing  up  a  second  edition  of  my  statistical 
account  of  Upper  Canada.  The  first  proved  an  abortion,  from  a  tis- 
sue of  melancholy  and  distressing  events ;  yet  will,  nevertheless, 
afford  valuable  materials  for  a  more  perfect,  and  I  trust,  better  fated 
work. 

Till  the  late  outbreak,  I  knew  little  of  what  was  doing  in  the 
province,  not  seeing  Canada  newspapers  for  months  together,  and 
for  years  having  no  correspondent  there  ;  but  from  what  I  did  hear, 
my  opinion  was  in  favor  of  the  conduct  of  Sir  Francis  Bond  Head. 
Tnere  is,  however,  now  before  me,  his  Excellency's  letter  to  the 
British  Ambassador  at  Washington,  dated  Toronto,  Upper  Canada, 
March,  1838,  which  requires  comment  and  correction. 

Speaking  of  the  occupation  of  Pele  Island,  by  people  from  the 
United  States,  he  infers,  that  Gen.  Scott,  having  ''passed  up  from 
Buffalo  to  Detroit.,  through  Sandusky,  must  Jiave  had  ample  opportunity 
to  know  ivhat  was  going  on  in  tliat  vicinity."  In  my  letter  to  Sir  Fran- 
cis, February  10,  your  Excellency  will  see  it  stated,  that  a  number 
of  people  who  had  abandoned  Navy  Island,  were  "  ready  to  cross 
into  Canada  on  the  ice;  some  at  old  fort  St.  Clair,  some  at  Sandusky." 
In  that  of  the  14th,  will  be  found  these  words :  "  It  is  now  reported, 
that  a  ivagon  has  crossed  from  Sandusky  point,  on  the  ice,  to  Cunning- 
ham island,  so  that  the  desperadoes,  of  whom  eight  hundred  ivere  said  to 
be  at  that  jooint,  may  leave  proceeded  to  Canada."  Such  was  my  in- 
formation. 

As  to  that  of  General  Scott,  I  am  told  by  the  custom-house  officer 
here,  that  as  soon  as  the  General  arrived  in  Cleveland,  on  his  way 
westward,  he  sent  for  him,  to  advise  as  to  his  movements ;  and  that 
he,  (Mr.  Starkweather,)  assured  him,  that  the  people  who  had  as- 
sembled at  Sandusky,  had  crossed  the  river  and  gone  to  Gibraltar, 
opposite  Maiden,  where  their  main  body  was  collecting,  for  invasion 
of  Canada ;  and  that  Gen.  Scott,  in  consequence,  hurried  on  to  that 
point.  Sir  Francis  was,  probably,  not  aware,  that  there  are  three 
places  called  Sandusky :  one  on  the  lake  shore,  distinguished  as 
Sandusky  City ;  Lower  Sandusky,  35  miles  up  the  river ;  and  Upper 
Sandusky,  still  further  inland.  The  great  road  to  Detroit,  travelled 
by  General  Scott,  passes  through  Lower  Sandusky;  so  that  he  might 
hear  nothing  there,  of  what  was  going  on  at  Sandusky  City,  where 
the  people  had  first  assembled.  He  had,  in  fact,  any  thing  but  "  am- 
ple opportunity  to  knmii  what  icas  going  on  in  that  vicinity"  being  mis- 
directed by  Mr.  Starkweather,  while  he,  (Mr,  Starkweather,)  was 
out-witted  by  the  people.  They  did,  indeed,  cross  the  river ;  but, 
instead  of  proceeding  to  Gibraltar,  many  remained  at  the  point, 
(where  there  is  a  light-house,)  as  stated  hy  me ;  and  took  the  first 
safe  opportunity  to  go  on  the  ice,  to  Pele  Island,  by  way  of  Cun- 
ningham Island. 


1 

'    1  f  j 

m 

i^B 

• 

m 

• 

1 

II 


22 

Gen.  Scott's  zeal  in  repressing  the  outrage,  could  not,  so  far  as  I 
have  heard,  been  exceeded:  indeed,  an  Aid-de-camp  of  Van  Rens- 
sellaer,*  who  conversed  with  me  here,  complained  bitterly  of  the 
General  ior  gonig  beyond  the  law,  in  taking  from  them,  arms  which 
did  not  belong  to  the  United  States.  I  think,  sir,  that  Sir  Francis  will 
himself  thank  you,  for  communicating  to  the  Home  Government 
this  correction  of  his  account,  that  neither  blame  nor  insinuation 
should  rest  against  an  officer  so  high  in  command  as  General  Scott  • 
and  whose  (Government  has  undoubtedly  been  most  solicitous  to 
maintain  peace.  I  say  this  more  especially,  looking  to  these  words 
ol  Sir  Francis  :  "  T/ns  is  the  last  of  the  outrages  for  which  the  Ameri- 
can brovernment  has  to  answer  to  the  British  nation" 

It  should  be  kept  in  mind,  that,  from  first  to  last,  the  whole  has 
been  a  mob  affair;  and  that  mobs  wiU,  in  the  best  regulated  coun- 
tries, sometimes  gam  the  ascendant :  witness  the  Bristol  mob,  which 
for  several  days^  controlled  that  ancient  city,  and  burned  down  some 
01  Its  finest  edifices. 

The  Canada  mob  was  got  up  by  newspaper  excitement,  which  Sir 
Francis  allowed  to  gather  strength  —  perhaps  wisely  —  as,  in  the  is- 
sue, rauch  foul  air  has  been  exploded.  The  reported  burning  of 
loronto,  &c. :  the  escape  of  Maclienzie,  to  Buffalo,  which  itself  had 
been  ourned  down,  and  where  many  sufferers  still  remain  furious 
against  that  act  of  just  retribution;  his  representations  to  these  peo- 
ple in  the  theatre:  the  romantic  occupation  of  Navy  Island,  &c., 
iS^c.,  all  .ended  to  infiame  the  pubhc  mind,  at  a  season  of  the  year 
when  many  had  little  else  to  think  of;  while,  too,  rumors,  echoing 
rom  town  to  town  — doubling  and  redoubling,  till  the  burning  of 
the  Carolme  afforded  the  best  subject  for  firing  imagination  to  mad- 

Sir  Francis  says  —  "  I  am  quite  convinced,  that  nothing  has  been  so 
■mstrmriental  as  that  single  act,  in  deterring  the  rising  incUnation  of  the 
American  people,  to  insult  and  trample  upon  the  inhabitants  of  this 
province  -  than  which,  perhaps,  a  more  mistaken  inference  never 
was  drawn.  The  following  words  will  be  found  in  my  letter  to  his 
Excellency  dated  December  27,  1837:  "  We  hear  that  they  are  in 
possession  of  Navy  Island,  ivith  strong  reinforcements  from  the  United 
lotates.  Let  them  abide  to  cool ;  and  honor  them  not  with  a  siege.  A 
little  time  will  shoiv  them  of  as  truly  contemptibkr  Immediately  af- 
ter tins  was  written,  Sutherland  appeared  here  and  began  to  recruit, 
aided  by  a  notorious  thief  as  his  Lieutenant.  By  help  of  declama- 
tion, an  offer  of  three  hundred  acres  of  land,  and  a  hundred  dollars, 

^Z^LT  °^^^3  ^"^"^^'^  '^^^^^  ^^^-^  ?°'to  enlist;  but  these 
would  noi  have   had  means  to  move,  had  ii^t  news  of  the  burning 

nLlht^  nn  f  "''"^-     S/^^  ^•■^^^  ^^1  ^^"ks  of  Americans,  and 

abashed  old  countrymen.  Then,  money  and  provisions  were  collect- 
ed ,  upwards  of  twenty  reemits  marched  in  from  a  neighboring 

I^r;  FT-^^'"''  ^^'""''t'-  '-^'^  ^^"-"^^  ^"-'^^^  ''^-"ds  and  gun?  ibr  thi 
se  t-styled  Patriots  ;  and  anon,  Sutherland  sailed  in  a  schooner,  with 
seventy  men  for  the  invasion  of  Canada,  on  the  4th  January,  cheer- 
ed  by  a  vast  multitude  ;  nor  could  any  authority  at  that  time  have 


23 


0  far  as  I 
an  Rens- 
y  of  the 
IS  which 
incis  will 
eminent, 
sinuation 
al  Scott; 
citous  to 
!e  words 
e  Amcri- 

hole  has 
ed  coun- 
),  which, 
vn  some 

'■hich  Sir 
n  the  is- 
rning  of 
;self  had 
furious 
ese  peo- 
md,  &c., 
the  year 
echoing 
rning  of 
to  mad- 

'  been  so 
on  of  the 
s  of  this 
J  never 
r  to  his 
'  are  in 

United 
^ge.  A 
:ely  af- 
recruit, 
sclama- 
dollars, 
it  these 
jurning 
ns,  and 
coUect- 
ibo-ing 
for  the 
IX,  with 

cheer- 
e  have 


interposed  with  success,  or  even  safety.  Nay  more,  during  three 
successive  weeks,  a  debate  was  kept  up  in  the  Lyceum,  a  corporate 
body  composed  of  the  most  respectable  citizens,  stimulating  more 
and  more,  to  put  down  the  British  atrocity,  as  it  was  termed ;  and 
nothing,  I  am  convinced,  but  the  interference  of  the  General  Gov- 
ernment, could  have  saved  Canada  from  serious  trouble.  This  was 
the  best  time  and  place  to  mark  consequences ;  and  sure  I  am,  all 
the  violence,  both  above  and  below,  after  the  abandonment  of  Navy 
Island,  arose  from  the  burning  of  the  Caroline.  I  do  not  say  it  was 
imjustifiable  :  on. the  contrary,  even  the  burning  of  Buffalo  might 
have  been  justified,  from  the  atrocious  conduct  of  its  inhabitants ; 
but  far  happier  results  might  have  followed  a  contrary  course,  and 
had  there  not  been  a  shot  wasted  on  Navy  Island.  Malcontents 
were  allowed  to  drill  for  weeks,  at  the  back  of  Toronto,  to  the  emi- 
nent peril  of  that  city :  why,  then,  was  fear  manifested,  when  7  or 
800  ruffians,  (so  styled  by  Sir  Francis,)  were  encircled  by  the  freez- 
ing waters  of  Niagara?  Noti",e  had  been  sent  to  Washington ;  and, 
with  coolness  and  concert,  the  two  friendly  Governments  might  have 
caught  every  man  on  the  island;  or  left  them  to  supreme  contempt, 
in  their  own  trap. 

Soon  after  Sir  Francis  came  to  Upper  Canada,  he  declared  that 
"  experience  was  better  than  himvkdge."  Take  it  so,  and  have  advan- 
tage from  such  acquirement.  He  admits  his  "  strong  feeling  of  in- 
dignation." Be  you  warned  against  it.  Let  all  such  provocations 
pass  unheeded,  and  be  intent  only  on  raising  U])pcr  Canada  from 
the  slough  in  which  misgovernment  has  sunk  her.  Independent 
America  looks  down  on  her  sister  land,  with  disgust  and  pity,  because 
she  is  spiritless  and  lazy  —  beggarly  and  in  rags.  In  nature,  the 
wounded  stag  is  gored.  Raise  Canada  from  the  mire;  bind  up  her 
sores ;  let  her  enjoy,  unrestrained,  the  blessings  of  her  climate  and 
her  soil :  then  she  will  bound  away  from  all  harm,  healthy,  and  clean, 
and  vigorous,  alike  regardless  of  the  sympathies  and  antipathies  of 
the  world.  Most  respectfully,  yours, 

ROBERT  F.  GOTJRLAY. 

Sir  George  Arthur. 

NOTE. 

After  three  weeks  from  the  date  of  the  ahove  letter,  having  received  no  reply,  I 
despatched  a  duplicate  to  Sir  George,  with  my  compliments,  and  requesting  ac- 
knowledgment of  receipt ;  but  still  was  not  honored  with  notice. 

In  August,  while  staying  with  my  friend  Judge  McDonell,  at  Point  Fortune,  on 
Ottawa  river,  Sir  George  came  there  to  embark  on  board  a  steamboat ;  and  being 
introduced  to  his  Excellency,  I  immediately  asked  if  he  had  received  my  letter 
from  Ohio.  He  replied  in  the  affirmative.  I  then  asked  why  he  had  not  acknowl- 
edged receipt.     He  said,  "  there  were  difficulties." 

As  it  would  have  been  wrong,  before  a  large  company,  to  enter  into  altercation, 
nothing  more  was  said  on  the  subject;  but  a  little  afterwards,  seeing  his  Excellency 
disengaged,  I  handed  him  my  card,  and  said  I  should  be  glad,  when  he  next  com- 
municated with  Lord  Durham,  if  he  would  transmit  it  to  his  Lordship,  and  let  him 
know  that  I  was  now  in  Upper  Canada,  where  I  had  been  proprietor  of  land, 
for  upwards  of  thirty  years;  also, that  I  meant  to  proceed  from  the  bottom  to  the 
top  of  the  province,  and  appeal  to  every  honest  man,  whether  my  treatment,  twenty 
years  ago,  had  not  been  infamous. 


24 


CORRESPONDENCE  WITH  LORD  DURHAM. 

No.  1.  Cleveland,  Ohio,  May  30,  1838. 

My  Lord  —  Some  months  before  it  was  known  in  America,  that 
your  Lordship  would  come  out,  with  full  powers  from  the  British 
Government,  to  settle  all  disputes  with  the  provinces,  I  sent  home  a 
copy  of  an  address  to  her  Majesty,  dated  Willoughby,  Ohio,  October 
13,  1837,  together  with  a  letter  to  Sir  Francis  Bond  Head,  to  be 
shown  to  Earl  Grey  and  your  Lordship,  by  my  friend,  Mi-.  Sergeant 
Spankie :  and  a  month  afterwards,  despatched  for  him,  copies  of  let- 
ters, in  continuation,  to  Sir  Francis,  for  the  same  end. 

Presuming  that  your  Lordship  has  now  arrived  at  Quebec,  or  will 
be  there,  before  this  reaches  its  destination,  I  have  to  beg  the  favor 
of  a  few  lines,  saying  whether  your  Lordship  did  see,  in  England, 
the  above-mentioned  Address  and  letters,  or  any  of  them. 

In  my  address  to  the  Queen,  it  was  said,  that  I  was  "  about  to  re- 
visit the  provinces, there  to  counsel  peace ;''  but  indisposition  prevented 
my  moving  from  this  place ;  and  I  now  consider  it  fortunate,  not 
only  as  it  kept  me  apart  from  the  wretched  brawl  which  ensued,  but 
enabled  me,  here,  to  be  of  some  service,  both  to  Britain,  and 
America. 

I  have  the  honor  to  be,  with  highest  respect,  your  Lordship's  obe- 
dient servant,  EGBERT  F.  GOURLAY. 
The  Earl  of  Durham. 


i^:::i 


No-  2.  Cleveland,  Ohio,  June  12,  1838. 

Mr.  Gourlay  presents  his  most  respectful  comphments  to  Lord 
Durham:  —  despatched  a  letter  to  his  Lordship,  twelve  days  ago,  a 
copy  of  which  is  subjoined ;  and  if  Lord  Durham  heard  nothing  of 
Mr.  G.'s  Address  to  her  Majesty,  in  England,  would  feel  honored, 
should  his  Lordship  transmit  the  letter  above  mentioned,  to  Lord 
Grey,  for  his  and  Mr.  Sergeant  Spankie's  perusal. 

He. also  subjoins  copy  of  a  letter  to  Sir  George  Arthur,  which  has 
not  been  replied  to ;  and  begs  acknowledgment  of  receipt  of  this,  di- 
rected to  him,  at  Niagara,  Upper  Canada,  where  he  hopes  to  be,  ten 
days  hence. 


No/-  Willoughby,  Ohio,  July  9,  1838. 

^^t-- °^°  —  I  did  myself  the  honor  to  write  two  letters  to  your 
Lordship,  dated  May  30,  and  June  12,  which  were  despatched  from 
Cleveland  to  Quebec.  In  the  last,  I  begged  that  acknowledgment 
of  receipt  might  be  directed  for  me,  at  Niagara,  Upper  Canada, 
where  I  then  hoped  to  be,  in  ten  days. 

.  .n.orescen  occurrences  have  detained  me  here  ;  and  I  am  indeed 
glad  that  I  did  not  proceed  for  the  province,  seeing,  from  newspapers, 
that  great  excitement  exists  there.  Besides,  I  have  now  before  me, 
your  Excellency's  Proclamation,  dated  the  twenty-ninth  day  of  May) 


),  1838. 
!rica,  that 
e  British 
t  home  a 
I,  October 
?ad,  to  be 
Sergeant 
es  of  let- 

;c,  or  will 
the  favor 
England, 

out  to  re- 
revented 
nate,  not 
sued,  but 
ain,   and 

lip's  obe- 
ILAY. 


,  1838. 
to  Lord 
jrs  ago,  a 
Jthing  of 
honored, 
,  to  Lord 

hich  has 
■  this,  di- 
0  be,  ten 


1638. 
I  to  your 
led  from 
jdgment 
Canada, 

1  indeed 
spapers, 
fore  me, 
of  May, 


whereby  it  appears,  that  you  are  not  only  Governor- General,  but  her 
Majesty's  High  Commissioner. 

Permit  me,  then,  to  state,  that  I  corresponded,  daring  two  years, 
with  Sir  Francis  Bond  Head,  while  Lieutenant-Governor;  and  last 
winter  repeatedly  rei3eived  his  thanks,  for  my  communications.  I 
am,  therefore,  the  more  surprised,  that  Sir  George  Arthur  has  not  re- 
plied to  my  letter  of  April  28,  a  copy  of  which  was  subjoined  to 
my  last  communication  to  your  Excellency. 

It  was  my  intention  to  have  proceeded  to  Toronto,  there,  person- 
ally, to  inquire  of  Sir  George,  why  he  did  not  reply ;  and  I  am  now 
more  anxious  to  know,  whetlier  the  packet  spoken  of,  is  in  hand, 
and  will  be  cared  for. 

Having  suflered  more  than  any  individual  from  colonial  abuse,  no 
one  can  look  more  anxiously  toward  "  the  amelioration  of  defective 
institutions,"  than  myself:  no  one  depends  more  on  such  ameUora- 
tion ;  nor  does  any  one  more  confidently  expect  satisfaction  from 
your  Excellency's  appointment. 

The  bare  acknowledgment  of  the  receipt  of  this  letter,  is  all  I 
now  request;  and  I  have  the  honor  to  remain,  with  the  highest 
respect.  Your  Excellency's  obed't  serv't, 

ROBERT  F.  GOURLAY. 
The  Earl  of  Durham. 


^o-  4.  Niagara,  U.  C,  July  24, 1838. 

My  Loud  —  I  beg  leave  to  acquaint  your  Excellency,  that  on  hear- 
ing of  your  arrival  at  Niagara  Falls,  I  immediately  set  off  from  Ohio, 
to  have  the  honor  of  a  personal  interview ;  but  was  disappointed, 
yesterday,  finding  that  your  Excellency  had  gone  off  for  the  lower 
province. 

I  am  also  disappointed  this  day,  finding  no  letter  in  the  Post-office, 
acknowledging  receipt  of  my  second  letter  to  your  Excellency. 

I  have  the  honor  to  be,  with  great  respect,  your  Excellency's 
obed't  serv't,  ROBERT  F.  GOURLAY. 

The  Earl  of  Durham. 


Exchange  Coffee  House,  \ 

5-    f 


No.  5. 

Montreal,  ^August  3,  1838.  , 
My  Lord  —  Disappointed  of  an  interview  vnXh.  your  Excellency, 
at  the  Falls,  I  cam  3  here,  on  ray  way  to  Quebec,  there  to  solicit  ihat 
honor.  But,  here,  I  am  arrested  with  disease,  and  in  the  hands  of 
the  Doctor.  Besides,  I  am  told  your  residence  may  not  be  perma- 
nent where  you  now  are. 

Having  followed  a  wild  goose  chase  thirty-eight  years,  your  Ex- 
cellency will  allow  it  to  be  reasonable  for  me,  not  to  expend  remain- 
ing strength  unnecessarily ;  and  will  much  oblige  me  with  two  lines, 
saying  whether,  when,  and  where  I  may  have  that  interview,  which 
IS  the  sole  end  of  my  coming  from  Ohio,  should  I  be  able  to  move 
on  next  week.  Most  respectfully,  yours, 

ROBERT  F  GOURLAY. 
The  Earl  of  Durham. 


26 


11  li 


i     ■' 


No.  6. 

Mr.  Goi'RLAY  begs  leave  to  acquaint  the  Governor- General,  that 
he  arrived  here,  yesterday,  from  Ohio,  in  hope  of  a  personal  inter- 
view with  his  Excellency  ;  and  solicits  that  honor  as  soon  as  con- 
venient, having  no  other  object  in  Quebec.  Payne's  Hotel,  August 
11,  1838. 


No.  7. 

Colonel  CouFER  presents  his  compliments  to  Mr.  Gourlay ;  and 
begs  to  acquaint  him  in  reply  to  his  note  of  this  day,  that  his  Excel- 
lency the  Governor- General  cannot  grant  him  the  interview  he  so- 
licts ;  but  Col.  Couper  will  be  happy  to  see  Mr.  Gourlay,  at  his  office, 
any  time  before  4  o'clock.     11th  August,  1838, 

No.  8. 

Mr.  Gourlay  presents  his  compliments  to  Lord  Durham.  On 
leaving  Quebec,  Mr.  G.  intended  going  directly  to  Queenston, 
whither  he  bade  Colonel  Couper  transmit  any  communication  for 
him,  from  the  Governor- General;  but  found  it  necessary  to  come 
here  for  recovery  of  health,  where  he  expec  Is  to  remain  over  ten 
days. 

Accompanies  this  with  the  third  number  of  "  The  Banished  Brit- 
on," which  he  trusts  his  Excellency  will  have  leisure  to  peruse. 
Caledonia  Springs,  Ottawa,  September   8,  1638. 

^°-  ^-  Quebec,  13th  August,  1838. 

biR —  I  am  commanded  by  his  Excellency  the  Governor- General, 
to  ac(|uaint  you,  that  his  Excellency  has  before  him,  all  the  docu- 
ments which  you  placed  in  my  hands,  previous  to  your  departure  from 
Quebec.  I  am,  Sir,  your  obedient  sei-vant, 

Robert  Gourlay,  Esquire. 
Queenston,  Upper  Canada. 


A  briif  but  sufficient  and  very  faithful  history  of  the  Durham  Adminutration,  -  written  a  few  days 
after  receiving  the  above  trifling  letter  from  Cotiper,  October,  1S38. 


A  Durham  Ox  came  o'er  the  sea, 

And  landed  at  Quebec ; 
Canadians  all  were  on  their  knee, 

And  instant  at  his  beck. 

The  Durham  Ox  moved  up  the  bum, 

To  see  the  muckle  Falls. 
The  Buffaloes,  on  Erie's  bank, 

Thought  he  was  come  to  balls.* 

They  asked  if  he  would  feed  with  them, 
And  snid  their  prass  was  good ; 

But  the  Durham  Ox  turned  round  his  tail, 
And  down  the  bumf  he  stood. 


The  Durham  Ox,  now  tethered  fast 

Upon  Victoria's  len, 
Bade  Yankees  come  from  every  town, 

His  mightiness  to  see. 

The  Durham  Ox  looked  smooth  and  sleek, 
T)^  Yankees,  they  seemed  wondroug  meek, 

But  yet  were  very  pawkie ; 
Ajid  after  all  the  shows  he  made, 

They  thought  Iiim  but  a  gawkie ! 
And  now  the  truth  is  wholly  out ; 
Nor  need  we  any  longer  doubt. 
So  all  the  world  may  fairly  laugh, 
To  think  the  Ox  was  but  a  Calf. 


Mt  wiU  b.  wmembettd,  a.»t  Lord  Duriuim  pare  .  baU  to  the  ^entr,  of  Buffalo ;  ..d  U^,.  tn  turn,  esptcted  hte  at ,  d.fe 


t "  Down  Laurie'i  buro  be  took  a  turn." 

BOKMI. 


27 


NOTE. 

Here  ends  my  cor  aapondence  with  the  authorities  of  Canada  ;  and,  to  shew  the 
importance  of  thei.e  letters  to  Lord  Durham,  I  shall  add  a  connecting  narrative. 

I  wished  my  communications,  sent  to  Britain,  shewn  to  his  Lordship,  merely  be- 
cause he  was  son-in-law  to  Earl  Grey ;  and  because  his  quarrel  with  Brougham 
made  it  more  likely  he  would  attend  to  them.  His  coming  out  to  Quebec  was, 
from  all  these  circumstances,  more  especially  ominous  of  good. 

After  despatching  my  letter,  July  9,  I  resolved  to  visit  the  Western  district,  be- 
fore finally  leaving  Ohio,  in  order  that  all  excitement  might  be  ever,  in  Niagara 
district,  before  going  there;  but  at  Cleveland,  on  my  way  to  Detroit,  I  heard  that 
Lord  Durham  was  at  the  Falls;  immediately  turned  back, and  proceeded  thither. 
Approaching  Buffalo,  I  heard  that  his  Excellency  had  given  a  grand  dinner  and 
ball,  to  the  Mayor,  military,  &c.  —  who,  in  turn,  were  expecting  his  presence  at  a 
civic  feast ;  and  I  was  at  the  Falls,  before  his  departure  was  reported. 

Hurrying  on  to  Niagara,  my  next  object  was,  to  call  at  the  Post-office  ;  and  my 
disappointment  was  indeed  great,  finding  no  letter.  I  instantly  went  into  a  store 
for  writing  materials  ;  and  having  written  my  letter,  July  24,  with  a  copy,  I  asked 
the  gentleman  of  the  store,  (Mr.  Ralston)  to  compare  them,  which  he  did.  I  then 
asked  him  to  accompany  me  to  the  Post-office,  and  witness  mailing  the  letter.  In 
this  he  also  obliged  me ;  and  then  certified  the  transaction,  with  his  signature,  on 
the  copy. 

My  health  now  required  recruiting,  and  my  purse  also,  for  a  journey  to  Quebec. 
In  both  I  was  aided  by  friendship ;  and  onward  I  moved,  as  soon  as  able. 

Immediately  on  receiving  Col.  Couper's  note,  I  waited  on  him,  at  the  Govern- 
ment house.  He  asked,  what  my  business  was  with  Lord  Durham  —  public  or 
private  1  I  said,  both ;  but,  in  the  first  place,  I  wished  to  know  why  my  letters  had 
not  been  replied  to  ?  Col,  Couper  said  his  Excellency  had  received  none :  upon 
which,  I  put  into  his  hands,  copies. 

He  glanced  over  these,  and  coming  to  that  from  Montreal,  he  asked  if  it  was  put 
into  the  Post-office  there  :  I  replied,  "  certainly,  with  my  own  hand."  Col.  Couper 
said,  his  Excellency  had  not  received  it.  "  Then,"  said  I,  "  there  is  some  one  be- 
tween Lord  Durham  and  me."  Col.  Couper,  in  conclusion,  said  —  "■  I  shall  take 
care  his  Excellency  sees  these"  —  meaning  the  copies  ;  and  I  withdrew. 

That  evening,  about  8  o'clock,  being  much  exhausted,  I  called  for  a  candle  to  go 
to  bed  ;  and  was  told,  that  a  gentleman  waited  to  see  me.  He  introduced  himself 
—  Mr.  Wakefield  :  (the  same  who  had  been  announced  in  the  newspapers,  as 
accompanying  Lord  Durham,  to  instruct  as  to  settling  the  wild  lands  of  Canada.) 
He  told  me,  that  he  was  the  writer  of  letters  which  appeared  in  the  London 
Spectator,  some  seven  years  ago,  regarding  me.  I  called  to  mind  the  letters: 
they  were  highly  complimentary,  and  intended  to  draw  towards  me,  the  notice  of 
the  Grey  Ministry.  Never  before  having  known  to  whom  I  was  thus  obliged,  I 
thanked  Mr.  Wakefield,  and  shook  hands  with  him. 

He  then  went  on  to  say,  that  he  was  also  author  of  a  pamphlet  on  Colonization, 
which  was  sent  me,  soon  after,  under  the  frank  of  Lord  Howick.  This,  too,  I  re- 
membered. It  was  a  very  able  pamphlet,  and  contained  a  quotation  from  my  book 
on  Canada.  Mr.  Wakefield  said,  he  had  taken  his  ideas  on  colonization,  from  my 
book.  I  replied,  that  it  gave  a  very  imperfect  view  of  my  projects  :  having  been 
altogether  an  abortion,  from  distracting  occurrences ;  and  that  even  some  engrav- 
ings for  illustration  of  my  principles  of  settling  wild  lands,  had  never  yet  seen  the 
light,  while  others,  published,  were  not  explained. 

Mr.  Wakefield  added  — "  Nevertheless,  Government  has  established  a  colony  on  your 
principl's,  in  Australia" 

About  2  o'clock,  Monday,  13th  August,  I  sent  in  my  card  to  Colonel  Couper,  de- 
siring to  see  him.  The  answer  was,  that  he  was  too  much  engaged.  I  bade  the 
porter  return  and  say,  I  must  see  him,  wishing  to  leave  the  city  that  evening.  Col. 
Couper  then  giving  audience,  I  told  him  my  sole  object  was,  to  know  if  I  could 
now  see  Lord  Durham.  The  Colonel  replied,  that  his  Excellency  was  deeply  en- 
gaged : then,  said  I.  if  I  remain  some  days  at  Quebec,  shall  I  see  him  1    "  Quitt 

impossible,''  said  Col.  Couper  ;  but  we  sha'll  reply  to  your  letters  :  to  what  place 
shall  we  address  for  you?  I  told  him  I  should  that  evening  leave  Quebec,  for 
Queenston,  where  letters  would  find  me ;  and  then  putting  into  his  hand  a  sealed 
packtt,  directed  to  Lord  Durham,  containing  a  copy  of  my  Address  to  her  Majesty, 


I    I 
ii, 


if  I 


correspondence  with  Sir  F.  B.  Head,  and   "  The  Banished  Briton,"  I  tock  mv 
aeparture.  '         •■"»-'».  m/ 

nnrfnnl?!*/™'"  Calftdonia  Springs,  was  meant  chiefly  to  afford  Lord  Durham  op- 

fn  Cof  2ou  Jr'«  llZ'  Zl-  l°"''V°f  '""^f  mmediately  ;  but,  behold  the  amoun^t, 
4m?-    *^°"P®'^  ^  letter,  which  awaited  me  at  Queenston  ! 

h.7i;iVl'er.u7e?o''Xnr^  refl,c,i„„,„,U  be  ■„  better  ,e.,o„,  after  the  public 


The  above  „.,  published  i„  .he  S,.  CaSa„^'*i/i!^*^h*"ag«  '3  i. 
is  now  good  time  to  proceed  with  remarks.  ^   ' 

Soon  after  it  was  published,  hearing  that  Lord  Durham  had  exoressed  a  wish  in 
the  delegate  who  waited  on  him  at  Quebec,  with  an  addTess  LJf TheTnSaktant; 
of  St  Catharines,  that  a  delegate  should  be  sent  from  Upper  Canada  to  LondSn 

lino^-n?  ^''^  \'  ^'Tr^'  K  '^'  ^°°^  °^  '^'  P^«^>"«=«.  I  took  mea  ures  towards 
appointing  such  a  Relegate,  but,  struck  down  with  disease,  was  oblS  to  dIsS 
I  have  now  lauded  his  Report,  and  advised  holding  meetings  in  everylownshin  to 
li^fZ'  V  %^T''  the  wretched  opposition  got  up  in  the  Assembly7thndiot  pre° 
sentment  of  Newcastle  district,  ancfthe  nibbling  of  a  party  cliow  in  London  «tvl»H 
the  Constitutional  Association  of  British  America  ^  ^  '  ^^^^^^ 

,«cf  ^'"^^T  thus  far  to  sustain  Lord  Durham's  Report -the  thine  which  has 
costEnglandunwardsof  £30,000  — the   thing  which  his  st  rr^H  ,,^  tk  j    r 

colonial  pollution,  and  alarmed  the  tad-poles  1 2   hingwhchfs  soC  J  but 

g:a  himsdf"''*  ''  "^""' '  ''  '^'"^'"^  '''  -  ^«  fetUe"a«ount?  w^^SU"i 

Brougham  has  whitewashed  in  the  House  of  Lords  '  "^^""^ 

With  these  lights,  let  my  letters  to  Lord  Durham  be  again  glanced  at     THpv  «« 

.hall  we  eayof  to  S»i,din°  m^letr  fmSS™^     ."""usabre;  but  "what 

talnly  would  not  have  hurried  to T.  S-iik  .t    ■  ^     f     ",     '"'  colonization,  cer. 
had  L  not  cVeeirdSebe°tnorva?„rT''°"/''"'v' "''*■■•  i"''™"'". 

o^Ei^l^'ThTrulSS'  ""•"  ' -^.n  *^"=-Sr.eeS 
>r8  who  vi8ited'QuebecSf,S;Z~;.?Il^'..8Teat  number  of  American  travel- 


I 


devoted  mv7ru-?"'^?**™'"''"^ho  flattered  h 

tr;'nTLv  VS'n&S-^^^^^^  "7^yy  {ffortsVor-'Canada- 

not  .ee  -  for  fear  of  Brougham  I  ''^•'''^  ^"*  *°  '^"^  ^"^  -  ">«'  1^«  '^o^W 


29 

It  is  possible  that  Lord  Durham  neither  saw  my  letters,  nor  knew  that  I  was 
in  Quebec.  Although  Col.  Couper  assured  me  that  his  Excellency  should  cer- 
tainly see  the  copies,  before  shewing  them,  he  might  consult  the  Chief  Secretary,  Mr. 
Buller.  Buller  might  say,  I  received  all  Mr.  Gourlay's  letters  ;  but  Turton  and  I 
deemed  it  prudent  to  withhold  them  from  Lord  Durham,  that  his  Excellency 
should  not  incur  greater  displeasure  from  our  friend  Brougham,  on  whom  Turton 
depends  for  a  whitewashing.  Let  us  have  the  copies,  Colonel,  and  we  will  shield 
you  from  responsibility. 

Law  counsel  will  do  more  for  a  man,  than  a  man  can  do  for  himself.  Law  coun- 
Bel  is  not  encumbered  with  feeling,  or  pledged  in  any  way  to  regard  truth.  Law 
counsel  may  lie  and  deceive  every  way,  for  a  client ;  out,  such  law  counsel  as  Mr. 
Turton,  who  had  set  at  defiance  the  decencies  of  life  —  what  could  such  a  one 
not  do? 

As  to  the  Cnlonel's  pledge,  that  his  Excellency  should  see  the  copies,  that  could 
be  managed  as  uonestly  as  the  assurance,  by  letter  to  me,  at  Queenston,  that  "his 
Excellency  had  before  him  all  the  documents." 

His  Excellency  might  see  the  letters,  and  have  all  the  documents  before  him, 
without  knowing  one  word  of  the  contents,  or  from  whom  they  came. 

When  I  wrote  to  the  Duke  of  Wellington,  from  New  York,  those  letters  which 
Appear  printed  in  "  The  Banished  Briton,"  his  Grace  honored  me  with  a  note  of 
acknowledgment,  wholly  written  by  himself;  but  Col.  Couper  writing  to  me,  at 
Queenston,  merely  signs  his  name,  that  in  case  of  after  question  he  may,  with 
greater  show  of  honesty,  exclaim  —  Oh!  it  seemed  a  matter  of  so  little  conse- 
quence, that  I  left  it  to  my  clerk. 

Mr.  Duncombe,  a  member  of  the  British  Parliament,  who  for  some  time  made 
one  of  Lord  Durhun's  suite,  and  with  whom  I  conversed  on  the  subject,  crossing 
Lake  Ontario,  in  October,  as  well  as  at  the  Falls,  seemed  surprised  at  my  treat- 
ment— describing  Lord  Durham  as  the  most  affable  of  men.  AH  who  conversed 
with  him,  in  this  country,  attest  the  same ;  and  the  delegate  who  went  from  St. 
Catharines,  with  an  address  to  his  Excellency,  told  me,  he  looked  just  such  a  man 
as  would  say,  "  make  way  for  Mr.  Gourlay,  that  I  may  talk  with  him."  Here, 
again,  I  shall  pause,  that  the  public  may  have  further  time  to  reflect. 

Published  in  the  British  Colonist,  June,  1839. 


FOR  GOD  — THE   QUEEN— THE   PEOPLE. 
Mr.  GotiELAY  respectfully  and  earnestly  invites  inhabitants  of  Grantham  to  meet  him 
by  2  o'clock,  to-morrow,  30th  instant,  at  St.  Catharines  —  then  and  there  to  discourse  of 
matters  vitally  important  to  them  and  to  him. 


Allanbiirgh,  Fehitary  4,  1839. 

This  day  a  numerous  and  respectable  meetinf,  of  the  inhabitants  of  the  township  of 
Thorold,  was  held  at  this  place, — Jacob  Uppek  in  the  chair,  —  J.  H.  Lacy,  Secretary, 
and  James  Smith,  Assistant. 

Mr.  Gourlay  handed  a  letter  to  the  Chairman,  which  was  read  —  stating  that,  about 
a  month  ago,  it  came  to  his  knowledgts  that  Lord  Durham  communicated  to  gentlemen, 
who  waited  on  him,  last  October,  with  addresses  from  Niagara  district,  that  other  prov- 
inces purposed  sending  delegates  to  England,  there  to  aid  his  endeavors  for  the  common 
good  ;  and  he  would  be  glad  if  tipper  Canada  did  so. 

Mr.  Gourlay  said,  that  this  was  a  matter  of  utmost  consequence  ;  that  he  was  in  no  way 
beholden  to  Lord  Durham  ;  but  the  contrary  —  for,  on  going  from  Ohio  to  Quebec,  with 
the  express  object  of  an  interview,  he  had  been  denied  ;  but  on  such  an  occasion  as  this 
all  little  considerations  were  set  aside ;  that  it  was  not  in  his  power  to  report  what  he 
heard,  from  ill  heaUh,  till  last  week,  when  he  did  so,  at  a  meeting  in  St.  Catharines  ;  and 
that  he  had  been  invited  to  this  meeting.  He  said,  that  the  Imperial  Parliament  met  on 
the  5th  inst. ;  that  petitions  to  both  House*  might  be  signed  immediately  and  despatched, 
80  as  to  be  in  London  this  present  month  ;  and  that  a  delegate,  or  delegates,  bearing  ad- 
dresses to  her  Majesty,  might  be  there  by  the  middle  of  March,  so  as  to  arrest  attention, 
while  the  great  question,  regarding  the  fate  of  British  America,  was  yet  pending:  that, 
till  noWj  sendinsT  home  petitions,  and  such  d^les^te?.  fi5  P^ndnll.  MAck^R^!t^  Di^ncrt-r^V'* 
and  others,  was  worse  than  useless  ;  but  now  they  would  be  hailed  with  joy,  equally  by 
thepeople  and  Government  —  now  they  would  begin  the  work  of  regeneration. 

The  meeting,  after  some  discussion,  agreed  to  sign  and  send  off  two  petitions,  so  as  to 
reach  New  York  prior  to  the  sailing  of  the  Great  Western,  on  the  13th  instant. 

A  committee  ot  twelve,  viz. :  — Thomas  Page,  George  Lacy,  John  Ranney,  George 
Vanderburgh,  Jacob  Upper,  William  Sutton,  John  Cole,  Jonathan  Williams,  John  Hoover, 


n 


30 


h 


Thomas  Ellenwood,  James  Hatcher,  and  Joseph  Merntt,  was  t  len  chosen,  and  authorized 
to  toke  every  requisite  step  for  sending  to  England  one  or  moie  delegates. 
The  meeting  having  adjourned,  the  committee  proceeded,  and  Resolved,-- 
That  it  be  recommended  to  the  inhabitants  of  other  townships,  lo  meet  on  or  before 


mat  It  ne  recominenucu  lu  mo  iuiiow.,^.i.=  ".  >-...^.  .-- -r  ■      ,   ,         .  ,  . 

the  I'Jlh  instant ;  each  township  to  appoint  a  committee  of  twelve,  and  these  o  send  two 
delegates  each,  to  St.  Catharuies,  by  Vednesday  the  21st  instant  -h^"  ».A  therB  lo  ma- 
ture  the  whoit-  business 


re  me  wnoif  oiismcss.  .  .  „  i.  i  __  . 

That  this  committee  shall  again  meet  on  requisition  of  any  two  members,  and  on  two 

days'  notiie  given  to  all,  by  the  Secretary,  and  at  such  meeUng  three  shall  be  a  quorum. 
That  the  Secretaries  shall  send  copies  of  these  proceedings,  together  with  copies  of 

the  petitions,  to  each  of  the  district  newspapers,  for  publication,  attested  by  his  signature. 

To  the  RigJU  Ihnorahh  the  Lords,  spiritual  and  temporal,  of  the  United  Kingdom  of  Great 

Britain  and  Irrland,in  Parliament  assembled—  ,,   ■    .v    n;..   -.. 

The  Petition  of  the  undersigned,  Inhabitants  of  the  township  of  Thorold,  in  the  District 

of  Niagara,  and  province  of  Upper  Canada,  ,     ,     ,      i  ■ 

Hi;  MB!  Y  Showetii  :— That  the  state  ot  this  province  is  now  truly  deplorable ;  nor  can 

there  be  the  slightest  hope  of  improvement,  either  looking  forward  to  peace  or  to  war,  till 

Rreat  chansres  are  effected  in  the  «i/.s/ewi  of  the  government. 

That  vour  Petitioners  understand,  that  the  subject  will  immediately  engage  the  atten- 
tiou  of  your  Lordships'  House  :  and  as  it  is  notorious,  that  the  inhabitants  of  this  district 
have  ever  been  truly  loyal,  am',  at  all  times  have  borne  tpc  brunt  of  hostile  attack,  m  de- 
fence of  British  principles  — so,  .hey  doubt  not,  the  most  le:.U-;r  solicitude  will  be  mani- 
fested towards  them,  by  the  Imperial  Parliament.  ,.,,.,,  v. 

That  they  do  not  wish  in  any  way,  to  determine  virhat  is  best  to  be  done  ,  but  as  it 
is  clearlv  and  absolutely  necessary  that  some  decisive  mea.sure  must  be  resorted  to.  their 
sole  desire  is  simply  this,  that  before  any  legislative  act  is  passed,  Commissioners  may  be 
sent  out  to  Cana^— men  of  talent  and  business— above  all  selfish  influence,  who  may,  on 
the  spot,  and  in  every  district,  openly,  fairly,  and  fully  inquire  into  every;  cause  of  evil,  and 
ascertain  from  the  inhabitants  themselves,  what  are  their  wants  and  wishes. 

This  your  Petitioners  now  most  earnestly  entreat,  and  they  will,  as  in  duty,  ever  pray. 

To  the  Honorable  the  Commom  oftJie   United  Kingdom  of  Great  Britain  and  Ireland,  in 

Parliament  asesmbled :  n   •    .u    j-  .  •  .    r 

The  Petition  of  the  undersigned,  1  ihabitants  of  the  township  of  Thorold,  in  the  district  of 

Niagara,  and  province  of  Upper  Canada, 

Humbly  Showeth  :— That  it  is  notorious  to  all  the  world,  that  this  province  is  now 

afflicted  with  accumulated  evils ;  and,  indeed,  the  condition  of  the  inhabitants  is  deplora- 

»  ble— whether  looking  forward  to  peace  or  to  war.      ,        .,  , ,      ,  ,  ... 

That  your  Hon.  House  may  be  well  assured,  such  evils  could  not  have  ensued,  but 
from  weighty  causes  ;  and  your  Petitioners  frankly  confess,  that  much  dissatisfaction  has 
been  long  felt  by  many  of  them.  ,,,.  .jj.       .i..         j. 

That  twenty  years  ago,  when  the  people  of  this  provmce  banded  together,  to  send  to 
England  delegates,  there  respectfully  to  entreat  for  inquiry  into  the  state  of  the  provmce, 
the  Co  nial  Government  enacted  a  law  which  put  this  out  o!  the  power  of  the  people : 
that  this  law  was,  after  a  few  years  repealed ;  but  then,  and  lor  some  years  thereafter,  it 
was  hoped  that  all  would  sro  well,  without  further  action  of  the  people,  as  a  body. 

That,  nevertheless,  grievances  were  again  complained  of ;  and,  being  unattended  to,  a 
portion  of  the  people,  much  excited  and  sadly  mi!<guuled,  rose  in  arms;  )ut  now  the 
great  majority  have  sufficiently  manifested  theii     -sire  to  have  all  redressed  in  a  calm  and 

orderly  manner.  ,       ,  ,       ,  .       .    .  ,    .  ,    .  .u      . 

That  your  Petitioners,  understanding  that  this  subject  is  immediately  to  engage  the  at- 
tention of  the  Imperial  Parliament,  now  most  earnestly  entreat,  that  before  any  legisla- 
tive measure  is  adopted  in  Britain,  Commissioners  may  be  sent  out  to  Canada  — men  of 
talent  and  business,  above  all  little  influence  — who  may,  on  the  spot,  and  in  every  district, 
openly,  fairly,  and  fully  ascertain  what  are  the  wants  and  wishes  of  the  people. 

And  your  Petitioners  will,  as  ui  duty,  ever  pray. 

To  the  Editor  of  the  Examiner.  .,,„..    .,^.~s 

Edinburgh  Castle,  ( Tavern,  Toronto,)  May  25,  1S39. 

Sir,  —  Although  neither  acquainted  with  you,  nor  in  the  way  of  seeing  your  paper, 
understanding  that  it  advoratea  the  cause  of  freedom,  and  proceedson  liberal  principles, 
I  enclose  an' address  "  To  the  lUndent  Land  Owners  of  I  pper  Vanada,"  written  last 
January,  when  confined  to  bed  with  sickness—  making  you  welcome  to  publish  it. 

A  kind-hearted  friend,  whose  hospitality  1  then  enjoyed,  disapproving  of  a  meeting, 
the  address  was  laid  aside  till  now,  when  I  think  it  would  be  highly  beneficial  to  meet 
and  support  Lord  Durham's  Report  -,    ,     . 

My  friend  will  still  remember  *hat  the  sole  object  for  meeting  at  St.  Catharines,  was 


31 


i 


to  Bend  home  a  delegate,  in  accordance  with  his  Lordship's  expressed  wish,  to  enable 
him  to  maintain  his  positions  in  England.  • ,      t       j   .  <•     .u- 

Now  that  we  see  his  Report,  I  am  doubly  anxious  to  give  him  aid.  1  read  it  for  the 
first  timo,  this  week;  and  though  short-coming,  as  regards  this  province,  am  highly  de- 
hghted  with  it.  From  beginning  to  end,  it  is  candid,  fearless,  straight-iorward,  and  to  the 
point  ■  no  useless  verbiage  —  no  mystification,  as  in  most  state  papers.  In  its  very  style, 
indeed,  we  have  hope  that  the  age  of  darkness  is  over,  and  that  common  sease  m  to  Have 

Twenty  years  ago,  all  the  information  afforded,  and  much  more,  might  have  been  ob- 
tained at  a  tenth  part  of  the  cost,  had  my  projects  gone  into  effect ;  but  the  fulness  or 
time,  unfortunately  for  me,  was  not  come.  .    „      „  ^         i  •   .1     .^  i,«u  .m 

1  would  now  say  to  the  people  emphaticallv,  "meet  tn  every  township,' and  ho\d  vp 
hands  for  the  Report.  Do  this,  and  you  need  not  dread  invasion  or  conquest.  It  is  only 
the  villainous  system,  continued,  which  would  endanger  the  province,  m  the  event  ot  war 
with  the  United  States.  ROBERT  F.  GOURLAY. 


To  THE  Resident  Land  Owners  of  Upper  Canada. 

St.  Catharines,  January  10,  183». 

Gentlemen,  — Twenty,  and  twenty-one  years  ago,  my  addresses  to  you  were  read 
with  avidity,  and  promised  consequences  altogether  splendid.  r-a  -,  •    „-„.u 

The  first  pointed  out  simple  means,  by  which  the  redundant  population  of  Britain  couia 
be  drawn  hither ;  the  second  upheld  the  omnipotence  of  law,  counteracted  by  arbitrary 
power ;  and  the  third  laid  down  principles,  with  a  plan,  by  which  all  your  grievances  could 
be  speedily  and  peaceably  redressed.  ,      /-m'      «. -ii...;^t  •  «nH 

At  this  place,  in  May,  1S18,  I  became  the  servant  of  the  people  of  Niagara  district ,  and 
in  their  service  exerted  zeal  bevond  what  otherwise  would  have  been  beconiingor  proper. 
In  their  service  I  was  assailed'hy  foul-mouthed  slanderers,  attacked  by  ruHians,  ana  ar- 
rested on  most  groundless  charges.  ,  ,.    .      ,     J     I       J    .u  ..u„i,  .a1„ 

The  people's  representatives  met  in  convention,  and  distinctly  declared,  that  their  soie 
object  was  to  8en<l  Commissioners  to  England,  there  to  solicit  a  commission  of  inquiry 
into  the  state  of  the  province.  I  advised  delay,  that  public  opinion  might  gather  ?tren?th , 
that  I  might  pass  the  onleal  of  jurv  trial ;  and  that  the  Provincial  Parliament  might  have 


opportunity  to  advance  the  much  desired  object. 
I  was  tried 


I  was 


0  aavance  ine  mucii  uc»ircu  ""jcvi.  t,    ,.  .  -»i„j  ./» 

I  was  tried  twice,  and  twice  honorably  acquitted ;  yet  your  Parliament  was  called  to- 
gether to  listen  to  the  veriest  scandal  against  loyalty,  and  the  most  unca  led  for  proposals 
to  put  down  the  Uberty  of  the  subject  in  its  most  sacred,  most  essential  privilege.  Ihe 
DeoDles  representatives,  in  Assembly,  were  the  willing  instruments  of  oppression,  and 
LKerty  of  the  subject'was  put  down.  I  then  became  the  butt  of  tyranny ;  was  hrown 
into  prison,  without  benefit  ofbail :  remanded  under  process  of  nabeas  corpus;  and  at  last 
banished,  for  no  crime  whatever,  when  so  wv      with  cruel  Irt  atment  as  to  be  unable  to 

protestagainst  these  monstrous  procc'ngs!  ,     ,    .    r        a-      »„  i^»  aoon 

^  What  did  Upper  Canada  gain  by  lay  banishment,  and  what  of  good  is  now  to  be  seen 

'°  Cast  an  eye  over  the  length  and  breadth  of  the  land  -  from  Maiden  to  PoJ^t  Jc.rtu"« 
and  from  the  Falls  to  Lake  Simcoe :  then  say,  if  a  single  public  work  is  creditable,  or  a 

""iJTe'Ser^ca'nalltha?  is"t  but  a  monument  of  England's  folly  and  waste  which 
can  never  return  a  fartbin,^  of  interest,  or,  for  a  single  day,  stay  the  conquest  of  the 

^The  Welland  canal !  has  it  not  been,  from  beginning  till  now,  a  m.re  struggle  of  misery 
andinismanageme.t ;  and  from  now  onward,  promising  to  become  a  putrid  ditcii. 
The  sTLawreme  canal!  no  sooner  begun  than  bungled  ;  and  now  whoUv  at  a  stand 
The  only  rail-way  often  miles,  with  two  completed,  and  eight  which  cannot  be  finished 

^°  Th^"aiSized  roads,  all  in  the  mud,  and  only  causing  an  increase  of  wear  and 

^*The  province  deeply  in  debt,  confidence  uprooted,  and  Banks  beleasrired! 

Schools  and  colleges,  what  are  they?  Few  yet  painted,  though  I'.cturers  on  natural 
phSoso^hy  are  nou>  'abundant.  The  (5obourg  scm  nar>;  out-stanng  ^ ''  ^^at  is  sanctuno- 
nious  •  Vairvand  lank,  that  learning  cannot  possibly  take  root  in  it  Acc.lege  at  Sand- 
S,  buUt^^fore  the  War,  but  now  I  pig-stye  :  and  one  at  Toronto,  mdicated  only  by  an 

"^'^h^^'odifices  of  the  church !    How  few  worthy  of  the  Divine  presence !     How  many 
unfinished  :  how  many  tallen  to  decay  !  , 

The  church  itself,  wholly  miUtant.    Episcopahans  maintam.ng  what  can  ne^er  be  es 
tablished ;  Presbyterians  more  sour  than  ever,  contending  for  right  ^^^ere  they  have  none 
whatr;ver;  Methodists  so  disunited  that  they  cannot  even  f'n  «  a  rf  pectable  g^^^^ 
and  Catholic  priests  wandering  about  in  poverty,  because  their  scattered  and  starving 
flocks  yield  not  sufficient  wool  for  the  shears. 


'!  (, 


« 


32 

nn«  insiitution  onlv  have  I  seen  praiseworthy  and  progressing-the  penitentiary;  but 

fromuasinglefarthing,  anrt  atthi^^^^  so  much  by  connexion  with  Canada,  as 

?«  Sub^ful  did  1  il  paSSin^t  you  ?  No :  though  aged,  feeble  and  lame,  I  stood  up 
fate  'doubtful,  did  t  take  pan  a^        >  ^      j^    province  than  hundreds  of  your  armed  men. 

"•  &d  bTth4  Gotrio?-in  Chtrand  he/  Majesty's  High  Commissioner  I  went  to 
him  a   Quebec-travelled  700  miles  for  an  interview,  and  by  him  was  spumed  as  a  dog 
fek  y?u  that  I  am  humbled  thereby  ?  No !.  my  old  friends,  I  am  now  with  you,  to  speak 
«  Xinlv  as  ever  •  to  offer  you  my  best  advice,  and  humble  services. 

Cr  situation  is  now  deplorable  in  the  extreme,  either  looking  forward  to  peace  or  to 
vJ^  In  ueace  who  will  now  immigrate  hither,  till  an  entire  change  of  system  is  acl  ey- 
7d''  In  war  you  have  not  the  shado^  of  a  chance.  In  a  single  month  jour  "eigubo^s 
^fthiTTniif.rl  States  could  overwhehn  you,  in  spite  of  the  utmost  efforts  of  Britain.  L,ast 
^?wh"lftLri  was  3her  canal,  nor  ra.l-way,  nor  road  to  the  frontier,  they  held  lake 
S'e  bLyond  the  iTope  of  recoverv  ;'and  there  was  but  one  question  as  to  the  possession 

°'Sk°nrirv:urrmta^ti;iSr^^^^  lakes,  and  the  very  thought  is.decisive 

of  OiTfateTf  thirprovTc';  while  lowe'r  Canada  is  still  less  tenable^  That  man  mdeed  i» 
a  traitor  to  Britain,  who  would  blink  these  considerations  for  a  moment. 

mat  then  is  to  be  done  ?     Wait  till  Lord  Durham  speak*,  for  you,  in  the  House  of 

Loi^s '  ™'t  n  he  Imperial  Parliament  listens  to  h.m,  whom  that  tarhament  has  unan- 

Lou'lv  dec  ared  to  be  incompetent,  and  deserving  only  of  pity !  -who  is  protected  from 

mneachment  only  by  a  bill  of*indemnity.    Away  with  such  folly :  away  with  procrastina- 

tSrawTywiSi  doit:  away  with  d^may;  and  trust  only  to  your  own  virtuou.  exer- 

^'Tcannot  go  far,  or  speak  to  many  ;  but  there  is  a  meeting-house  within  ^"7  3;^rd8  of 
K   Z  ;5  »;  Krh™%  ,hU  pn,™c^  W  cvea  g,t  become  ^-J  «^J^ -"■ 

ABLE   SPOT   ON   THE  HABITABLE  GLOBE."  ii.Uiit.i^.1    H  .    UUUXVAuAi. 

¥!RRAl*A 

"  is'  fur  "  R.>bt.  r.  Gourlay,"  read  "  Eobt.  Gourlay."         •«  incorrect. 
"  W',  for  "  RoM.  F.  Gourlay,"  rend  "  Bobt.  Gourlay." 


Pap 


REVIEW. 


"he  above  correspondence  with  the  authorities  at  home  and 
abroad,  regarding  Canada,  has  been  repeatedly  pubhshed  before, 
with  the  notes,  in  parts,  but  never  till  now  all  together;  and  thus 
only  could  it  be  appreciated.  Even  now  it  cannot  be  made  the 
most  of,  nor  till  other  documents,  in  readiness,  are  exhibited.  WitH 
these,  the  whole  will  be  worthy  of  gravest  consideration ;  and  then 
a  full  commti-tary  shall  follow.  .    „„  „     jr.-       j  a 

In  No  10  of  my  correspondence  with  Sir  F.  B.  Head,  his  aid-de- 
camp, Captain  Halket,  assures  me,  that  my  "letters  and  other  pa- 
pers" would  be  "sealed  up  and  directed."  Only  this  last  week 
have  I  received  a  letter  from  Sir  Francis,  dated  "  Romney,  Kent, 
England,  April  10  —  43,"  which  closes  my  evidence  that  the  aid-de- 
camp was  not  a  person  worthy  of  trust.     I  am  now,  too,  assured  from 

respectaoie  persons,  mosi  iikcly  lu  kuuw  mt;  vn-mt,  ii..-a  -  — - 

ham  was  personally  cognizant  of  the  brutal  treatment  I  experienced 
under  his  administration  of  the  government.  ^«„„t  » -.r 

ROBERT  F.  GOURLAY. 

Boston,  May  20,  1C43. 


THE 


HMFTTUKrilAN. 


No.  3. 


CORRESPONDENCE  WITH  HIS  EXCELLENCY  C.  POULETT 
THOMPSON,  AFTERWARDS  LORD  SYDENHAM,  &C.  &C. 

To  His  Excellency,  th&  Right  Honorable  Charles  Poulett  Thompson. 

j^o.  1.  St.  Catharines,  January  16,  1840. 

Sir  —  Advanced  years  and  indifferent  health,  would  prevent  my 
waiting  on  your  Excellency,  at  this  time,  personally  to  pay  respects, 
were  I  inclined ;  but  inclination  is  small,  after  experiencing  neglect 
from  Sir  George  Arthur,  and  worse  than  neglect  from  Lord  Durham. 
Indeed,  it  is  more  than  possible  that  a  man  of  my  turn  of  mind, 
never  can  agree  with  the  Herods  and  Pilates  of  Colonial  Govern- 
ment. You,  who  have  worked  your  way  from  the  counting  house 
to  the  Cabinet,  may  make  exception ;  and  ordinary  rules  may  be 
set  aside,  by  one  whose  extraordinary  talents  only,  could  have 
placed  him  where  he  now  is. 

All  this  apart,  I  deem  it  duty  to  draw  attention  to  a  matter,  which, 
as  Chief  Magistrate  of  Canada,  your  Excellency  may  properly 
investigate. 

Perusing  the  annexed  print,  it  will  be  observed  that  Magistrates 
of  St.  Catharines,  "  assigned  to  keep  the  peace,"  did  nothing  to  keep 
the  peace.  They  1  ade^me  go  back  to  Grimsby,  (eighteen  miles,) 
and  apply  to  the  nearest  Magistrate.  I  pleaded  bodily  infirmity  as 
excuse,  while  they  had  only  to  write  to  their  brother  Magistrate,  or 
to  the  Attorney  General. 

Before  the  Grand  Jury,  the  same  advice  was  tendered,  and  the 
same  excuse  made,  while  nothing  was  effected. 

After  three  days.  Sir  Allan  McNab  was  written  to ;  but  he  delay- 
ed four  days ;  and  at  last,  on  the  fifteenth  October,  the  Jury  went 
before  the  Court  with  a  presentment  against  Andrew  Muir.  This 
done,  the  Judge  immediately  closed  the  session ;  and  two  months 
afterwards  I  heard,  accidentally,  that  Andrew  Muir  was  arrested, 
and  laid  under  heavy  bail  for  appearance  at  next  Assizes,  when  it 
may  not  be  in  my  power  to  attend. 

Whence,  Sir,  is  all  this  trifling?  Would  such  a  case  be  so  treat- 
ed in  England?     Ought  it  to  be  so  here? 

You,  nor  no  gentleman  bred  at  home,  can  readily  conceive  how 
the  same  laws,  which,  there,  are  in  force,  and  effiectually  in  force, 
6 


i' 


I 


34 
should  here  be  only  a  dead  letter;  or,  worse  than  that,  used  or  not. 
as  it  suits  ruling  authorities.  „.,„tured  Colonial  abuses;  and, 

Lord  Durham's  Report  has  ™*£'"f  |;7„„^hout  it  is  worse  than 
till  much  more  '^^'^'^^^  Z^''"'' ZT^heSmnifo.  Canada. 

useless  for  the  I-P-'f  Pfj^Xt  ,he  grf ateTlrse  of  all,  from 
On  this  occasion  let  me  say,  tnax  me  b  ^^^^ 

the  beginning  •"!  "°^'  'l^l.^^n  E^daK  no?  here.     There, 
materiel  for  Magistracy  exisung  in  ±.ngjan  ^^^^^^^ 

God  knows,  stup-dily  abounds ,  but  mMnness,  a       g  ,^ 

„e  not.    Jackson   '^  his  record  d  ^^^^^^^^^^^  knA^fmeA 

the  slightest  connection.  jj  jj^^  3o„g  his; 

Had  the  Turydone  "^. '^"'y;  "■^j;^^,? "  „id  have  impressed  sol- 
had  Andrew  Miur  been  ried,  the  Com  wo^^^^^        ^    V 

emnly  on  the  pubhc  ™™^' ^^^^^^  *lfd  -  men  in  authority,  and 
KUe  « f  £  the  v^.  ^^y  th.  t^e  Conn  rose__at 

^T^^J^^r:^  rsr:si'd:rwhi.e  bloodshed  and  death 

3sCc=«;T53s's:r:^;t 

said.     Meantime,  accept  the  assurance  of  my  respect. 

YoiirExcellency's  obedient  s^^^^^^^^^qb^j^t  F.  GOURLAY. 


BRUTAL  OUTRAGE. 

with  Doclor  Woolverton  of  ^"msby  v.  hge    and  on    he  moun        , ^  ^^^^^^.^^ 

miles  from  said  vi  lage,  having  ^^"PP^^^'j^'^J^jr  old     hat  the  proprietor  of  the 
home  from  their  labor  in  ^^^e JieW    and  bem     tom   t^  ^^  ^^^^^^ 

adjoining  farrn  was  a  ^^""^•^r ""f  .^^'oneT  af"emards  learned,  was  Jndrew,  the 
and  whose  Christian  name  he,  the  deponent  aiierwd  ^  . 

deponent  expressed  a  w.sh  to  be  ^^'''^i~'i''''l^^^^^^^^^  about  two  yards 

T-hat  this  Andrew  M"'/ then  approaching  the  vvao^^^  "deponent's  name, 

from  the  same,  was  ^"f^X./dr^wMuirtharie  rushed  toward  the  deponent, 
which  was  no  sooner  heard  by  AndiewMuiMhann^^^  ^.^  ^^^^^   ^^^^   ^^^^^^ 


35 


That  the  deponent  asked  Doctor  Woolverton  whether  Andrew  Muir  was  subject 
to  fits  ofinsanrtj^and  was  told  that  he  was  not,  but  an  extremely  ignorant  man; 
Ind  th^t  the  deponent  afterwards  learned  that  he  was  a  ricn  man.  . 

That  the  depSnent,  not  wishing  in  any  way  to  involve  Doctor  Woolverton  with 
neiXurs  by  advice  or  otherwise,  did,  so  soon  as  he  got  to  the  village  of  Onms- 
r  „,?t  on  Rfhert  Nelies  Esq.  J.  P.  to  lodge  an  information,  on  oath,  as  to  these 
oJ;i7r?  nces  wUhlt  the  know^iedge  of  Doct'or  Woolverton  ;  but.  finding  him  from 
Ee,  thea^alled  on  Henry  Nelies,  Esq.,  J.  P.  for  the  same  end.  who  was  also 

^'TheToonent  then  wrote  down  facts  in  this  case,  and  left  the  same,  sealed  up, 
for  the  safd  Henry  NelTes-deeming  it  his  dutv,  as  well  to  himself  as  to  the  pub- 
Uc  to  take  every^tep  towards  securing  Andrew  Muir  from  perpetrating  such 
in;,th„r  art-Doctor  Woolverton  having  joined  the  deponent  in  thinking  that  the 
°1  A n^lr  Muir  vTou^d  certainly  have  put  to  death,  instanter,  the  deponent, 
"nderMrfurTo":  im^uUe^S  £  held  in^is  hand  a  pitch  fork,  or  other  deadly 

*°  That  the  deponent  could  not  imagine  what  had  actuated  Andrew  Muir,  till  his 
•ili^tSt  Catharines  where,  on  the  13th  September,  he  learned  from  John 
%'."  ^  pi  TPtha?  a  Mr  Patterson,  from  Grimsby,  had  been  with  him  and 
Sa'ted  tha?the  deponen?  was  to  hold  a  meeting  at  Bea^sviUe  and  that  there,  he 
would  Kpposed!  as  about  three  hundred  men  were  prepared  to  put  down  meet- 

'"^LritoSt  taring  this,  and  understanding  that  Mr.  Clark  was  accused  of 
.1    „^r?nt^ndin<r  to  be  at   the  meeting,  with  the  deponent,  (which  he  certainly 
'^'^^"!oihe%^h!ny^  to  it  meeting  at' Beamsville)  thought  it  his 

i^ne  ative  du^tfto  stay,  if  po^^ible,  such  illegal  violence;  and  did,  unknown  to 
Mfchrk  forthwith  proceed  to  engage  a  wagon  to  carry  him  to  Niagara,  where  he 
Mr.  yiarK,  'oruiwii"  !P  „       the  Giand  Jury  :  but  was  soon  after  assured,  that 

^,^s  informed  he  "^'f^t  go  before  the  Ln ami  J     y  .^  ^^^^  information, 

t^T.^m  akenby  fhep^^^^^^^^^  order  to  prevent  dangerous 

conseQurncT.  •  '  t  your  depo^nent  believes  more  alarming  and  aggravated  as 
?here  dearly  appears'a^onspiracy  throughout,  against  "?«etings  such  as  the  de- 
ponent  hasVe?d,  and  intends  still  to  hold,  not  only  in  his  right  as  a  man,  but  a 
loyal  British  subject.  ROBERT  F.  GOURLAY. 

Taken  and  sworn  before  us,  at  SL  Catharines, ) 

H.    iyIIETLEBEKGER, 

Geo.  Rykert, 
W.  H.  Merritt. 


uKeiil  anu  awunt  i/tyi^--  "-,  —  — 

this  Ibth  day  of  September,  1839. 


ji  ti-ue  copy. 


Wm.  Hamilton  Merritt. 


3b  the  Foreman  of  the  Grand  Jury,  now  sitting  at  Niagara-to  be  <^ornmunicated 

Queenston,  Odooer  8m,  183a. 

Se'nUTM^TSra'-rrwfst' tr.nV'lwa«ed,  »l.hoi  delay,  o„ 
ainereiu  Bluuu     ,  :-^j.„  nftb«>  most  daneerous  kind. 


36 

made  at  Beamsville,  but  drew  a  distinction  betweeii  me  n  f  ^^^^^^ 

Tnd  at  Thorold,  where  the  District  ,"^^f/;"f ,  ^^^  ,^f  ^^istinct  oi!  without  a  differ- 
only,  that  cudgels  were  to  »^«  "««f,  ,  ^"^^^^'^  i'„  be  usS  prov  ded  i^ 

-^r:rarS^S^has.centlytrj^ind^^u^^ 

and  altho'  no  act  was  f  o"»f"^"f ' '  ^^^  J^^^and  rob  In  my  case,  a  most  furious 
merely  on  proof  of  ^f  "^„\°  Ve^^m^^lte  d^sp^^^^^^  of  indra'w  Muir,  is  pal- 
assault  has  been  made,  and  the  cuimMS  uie  m  ^  p^^^  ^j^^^  ^^^ 
pable.  He  wanted  only  a  deadly  weapon,  to  have  put  "J«  «>  ^«  perpetrate  acts 
Connection  with  the  fact,  that  ^^ree  hjcke'l^^^i^^S  wifuppear  lar  Lyond  that 
of  the  same  kind,  and  the  '"^g"\t»d«  o^  consP^^^iy^"^  "«'  P^^^^^^  to  the  extreme, 
exposed  to  view,  at  Cobourg.  ^^,f„^^f '°"S^^^^^^^^  have  changed  in- 
itJ^nTandVhTaruU  o^n^mr^^rS  le^^^^^^^^^^^^^  ^hich  set  aside  the 
plot  on  its  larger  scale.  ^  j  jn  ^ring  the  subject 
Lfo^tt'?ou^t^tSdtteV'^n7L^^^^^  -  throw  light  on 
machinations  -^PJ^^^Xutedty                        ROBERT  F.  GOURLAY. 

To  Sir  Man  N.  McNah,  KnigK  ^c'^-'^^or  ike  Crou>n,  in  tUe  Court  of  Jssizes, 

at  Niagara.  „„  n    m^Q 

QuEENSTCN,  October  11,  l»Jtf. 

Si.-I  refer  to  copy  of  an  affidavit  laid  before  the  Grand  Jury,  last  Monday,  and 
of  l^lJTtLtlltfngThLeto,  which  -quire  youi,  gravest  a«e^^^^^^^^^  ^^^ 

The  Jury  advised  going  before  a  single  ^l^fl'J^^^'^^^^^^^^  be  leve,  representa- 
trespass  act,  and  set  aside  /'^g"'^^"^^„J°  '^f /bJ^ls  pa  ?Tn  the  matter.  He  pal- 
led tin^^gS  :^t'?^:s:^^'^^^  eX---^  -  a  vio. 
ent  manVan'd  I  fook  to  the  -hole  proceeding  as  a  re.ulto^^^^^  ^^^  ^.^^^ 

While  at  Grimsby,  I  knew  nothing  of  the  .''f ^f^t  man  and  I  now  firmly  be- 
then  have  learned,  that  he  also  is  considered  a  violen   man    and^i^  ^^^^^^  y^^.^^ 

lieve,that  to  his  violence  "^'^X 'j«  ^^^'^."Vand  I  doubt  not  was  excited  wholly 
That  ignorant  man  could  know  little  oi  me,  ana  i  Qouui 

by  the  wrong  representations  of  others.  proceeding,  I  accompany 

'As  evidence  ot  the  extent  to  which  vio^e"ce  ^jj.  ""     ^j^        ter,  of  13lh  Sept. 
this  with  a  printed  h.ndbill  l^  re-prmt  from  th^Niag'im^l^^^^^^^^  ^^^  ^^^^P^J 

which  assuredly  ought  of  itself  to  be    "^  «;-\  "^^^^^^^^^  «„  ^y  speaking  of  the 

the  writer  is  an  ignorant  man^    He  '^^ ^^^^^^JJ^^^^n    '.gamine  this,  and  say  if 

^^^^:r::Cr^J^^^"^^^^  ^--  -^-^^^^^^ " 

"M^yX^'sof  ihis'hSbill  were  circulated  at  St- Catharines,  on  the  rnorning 

^°f  ^^s;;S^,X^  i^Sta  M^^^oi^;--m^— tteb3^'?:d 

ince  involved  in  misery,  Irom  party  ^^'^f  '  .^J  ™^  at  the  great  Dis- 

gone  there  for  the  express  purpose  ol  ^a^t  «ning  agains^^^^  g  ^^  ^^^^_ 

trict  meeting  expected  to  be  held  a  ihorold^  ^.f^^p Spies  and  views,  was, 
out  my  knowledge,  and  altogether  at  variance  wun  my  p  ^n  j.  :  .  and  in  that 
nevertheless,  qufte  legal,  and  -nsonantwuh  the  custom 

country  would  not  have  been  opposed  by  s"^^,f^P["7'bave  been  witnessed  there, 
of;  -.'would  any  such  riot  as  that  sirred  up  ^'X  f^^^-^^  ^oU^^.a!  meetings  of 
Even  in  Edinburgh,  noted  lor  Tory  principles,^!  nave  ,^,1;^^,^  j^^^^^^^g  ^jt^ 
20,  30  or  40,000  persons,  with  nag.  ";,  ^^i"'"*;;-;,;  "  .ged-aVl  withoutopp~osilioa 

unheeded. 


37 


It  is  impossible,  Sir,  looking  at  all  points,  to  conceive  such  brutal  outrage  as 
that  perpetrated  by  Andrew  Muir,  to  have  proceeded  from  an  oidinary  cause ;  or 
from  ihe  mere  impulse  of  private  and  individual  passion.  It  was  clearly  a  result 
if  conspiracy,  and  instigation  by  otliers.  Looking  to  it  in  that  light,  I  most  posi- 
tivelv  say,  that  my  case  is  not  one  for  determination  by  a  single  Magistrate,  under 
the  Jetty  trespass  act;  and  especially  in  or  near  Grimsby.  Ij  ^^  a  case  which 
loudly  calls  for  investigation  ;  And  I  do  hope  that,  as  a  firm  and  J^f  f"l  ««»= "  "/ 
her  Maiesty,  you  will  yet  call  to  it  the  unbiassed  consideration  of  the  Grand  Jury, 
no  that  in  open  Court,  full  justice  may  be  had,  and  such  impressions  made  on  the 
pubUc  mind,  as  may  insure;  in  future,  better  results  than  what  have  lately  disgra- 
ced society.  ^^^^  respectfully  your's,  ROBERT  F.  GOURLAY. 


]yfo.  2.  ToEONTo,  21st  January,  1840. 

Sir—  I  am  commanded  by  the  Governor  General  to  acknowledge 
the  receipt  of  your  letter  of  the  sixteenth  instant,  on  the  subject  ot 
an  assault  committed  on  you.  by  one  Andrew  Muir,  on  the  tenth 

September  last.  ,.       ,       ii  * 

1  have  the  honor  to  be.  Sir,  your  most  obedient  humble  servant, 

THO'S  C.  MURDOCH,  Chief  Secretary. 

Robert  F.  Gourlay,  Esq.  &c.  &c. 
St.  Catharines. 


To  the  Right  Honorable  Sir  John  Campbell,  Knight,  M.  P.,  Attorney 

General,  cfc.  <^c. 
St.  Catharines,  Upper  Canada,  January  27,  1840. 

Dear  Campbell  —  I  write  to  you  on  bed,  having  been  an  invalid, 
with  short  intervals,  the  last  three  years;  and,  urged  only  by  the 
important  occasion,  make  an  effort.  tut  4V.^„t 

This  will  be  transmitted  to  you  by  my  daughter,  and  will,  1  thuiK, 
reach  its  destination,  before  the  Canada  constitutional  bill  is  debated. 
Let  that  bill  go  so  far,  but  not  pass  into  law  till  much  more  mmvie 
inquiry  is  made,  than  that  on  which  Lord  Durham  s  Report  is 
crounded.  Let  Commissioners  be  sent  out,  with  the  advanced  bil , 
for  full  inquiry  in  every  quarter,  before  it  is  finally  passed.  Indeed, 
could  the  constitution  of  this  province,  as  of  the  Lower,  be  suspend- 
ed till  the  same  period,  (1842,)  it  would  be  best;  but  that  may  be 

^"^K^reatest  curse  of  this  province,  is  the  Magistracy.  The 
township  of  Grantham,  in  which  this  village  is  situated,  contauis 
about  three  tiiousand  people;  among  them  are  eight  Jusaices  ot  the 
Peace  and  as  many  Commissioners  of  the  Court  of  Requests, 
while  'other  townships  have  not  one.  It  is,  (as  a  Magistrate  has 
this  day  said  to  me,)  "  a  family  concern:' 

Magistrates  are  the  majority  in  Grand  Junes,  and  find  bills,  or  not. 
iust  as  it  suits  power  or  prejudice.  In  the  case  of  Andrew  Muir, 
they  did  nothing  till  the  last  moment,  rnd  then  brought  in  -dprcscnt- 
meni.     But  enough  as  a  hint.  Years  truly, 

ROBERT  F.  GOURLAY. 


36 

^^J«  ^      /Tnnv^       Willmrnhby,  Cuyahoga,  co.  Ohio,  Dec.  12,  1836. 

Sir  i  Myi\enta  was  to  have  started  from  this  place  for  Tor- 
or^toamoSa^o;  but  letters  from  my  famUy  not  commg  to  har.d,  I 
have  been  detained  here,  and  may  still.       ,.    .,i„  t.,;.;,i,  Govern- 

At  all  times,  however,  I  am  ready,  a  a  call  of  the  Brd^sh  Govern 
„,ent  to  proceed  with  Comm.^^^^^^^^^^ 

StTundefdrtbrX  19,  IBSoTin  order  to  enquiry  as  to 

-/hrt^^ST|2i-s,i:;;o^.r^^^^^^ 
I'-^adt^oS^e^trdr^u:^^^^^^^^^^^ 

"''^iJiltr'tte  W^SernTstrict  last  avi.umn,  I  observed  front  a 
coadjutors,  (conjoined  to  my  own  aa^^^^^^^  ™    V  ^^  ^l„ 

^■lTorrdr;;^fo;^l'-^^^^^ 

^°KT£ad.  """'  "'^f  ^^  KoVeTt'  F.  GOTJRLAY. 

£f<.  Catharines,  January  31,  1840. 
«;tp  —  Gratified  with  your  causing  the  receipt  of  my  letter  of 
16th!n;7an"e'adcno Pledged.  I  am  on  the  ixnnt  of   eav-g  thjs 
place  for  Toronto,  there  to  wait  on  Your  Excellency  •J'^^^^^^^S  ^^ 
very  feeble  health,  am  doubtful  whether  I  shall  be  able  to  get 

\  have  the  honor  to  be,  Your  Excellency  sob^edt^erv.^^^^^^ 
The  Eight  Honorable  Chaeles  P.  Thompsom. 

^m.  Gourlay  offers  his  best  Z^is  to  the  Governor  General ;  and 
would  do  himself  the  honor  to  wait  on  his  Excellency,  did  he  know 
it -onld  b»  ■■nnvenient.  and,  at  what  hour.        .     _ 

'Edvnburgh'Castk  Tavern,  (  rormM.)  February  u,  lo40. 

Not  replied  to. 


39 

BOSTONjJtiNS  15,1843. 
Here  i.  the  whole  of  my  co-sponde„ce  ^th  Mn  Thomp^o^^^^^^^^^^ 
a  fit  accompaniment  t  is  to  that  wiili  ,1-"J,'> .  ^^.^-^^^am,  and  S^r  O^^^^^^  ^^-^^^ 

documents  are  exhibited,  I  shall  be  able,  it  is  hoped,  *°  "I*^,^*'''^! '^lil^-.'/d  „„  my  account  with 
led  to  so  much  contempt  of  me  ^f^nt  these  personag.s^Mea^^^^^^^^  ^^^^     ^„j  ^-.^ 

the  deceased  Governor  General.    ^°  .'""^K  *^^  '^  .he  macto^^^  to  work  out  any  .pe- 

matters  that  they  seldom  understand,  that  it  is  easy  for  '^e 'nachineiy  ™,°|„„  ^^^.o,,  and  com- 

^-^^Sd^pe^j^:s^^;?s.i^9t^ 
ssrriiK^ii^Sc/Biii^iiMiiiK'a^^ 

a  "a  Governor  in  Canlda,  I  was  really  anxious  to  pay  mV  [Mpect*  '°^"tKom  St.  Catharines, 
wi.h  rheumatism,  I  therefore  made  ""  "ff")^ '°  ^^-P,^'  4°;°";°  '^^'^^  SnSjay°my  ailment  being 
I  reached  it  on  Saturday  morninR,  and  immediately  wenl  to  bed.  .""  r^^'  ^^^ed  it  by  a  special 
increased,  I  could  not  go  to  the  Government  house    l>"»Xen  ^o  w^ite  aSC,  seal  it,  arid  put 

1840,  for  publication,  in  the  British  Colonist,  and  signed     Fifean,    i.  e.  a  man  ox  r ..  , 

^°ffie  verses  were  intended  as  a  history  ofthe  -,e^;o--i  j^  UZ  an3  E'S^  'in 

sub  ect  deserves.    The^  will  be  found  below,  under  the  head- 

"  THE  jN.ONKEY  war." 

.  BANtsHt..  BatTO.  No.  3,"  was  nrinted  off  i^^^^JXT^l^^r^^^^^^^ 
amon?  the  boarding-houses  and  pubUc  "5'"l\rHip,  fitters  Je«  tiU  Tuesday.    About  2  o'clock, 
the  printer  was  instructed  to  keep  up  <heiypf  ^id  let  matte  s  ^^s*  t      i  ue      y^  ^^  ^  ^^^^  ^^ 

P.  M.  of  that  day,  a  spe"^!  r'^«"g«'-„^^'';„7,fcw,Tsec  e^afy.^  this.  1  immediately  wrote 

acknowledgment  from  the  Governor  Genera  sCuef  Secretary  ^^^.^^^^^  . 

an  account  of  the  transaction :  gave  it  to  the  prinier  ■  "a"  "  ».      ^  ^y  a  placard  on  the  walls, 

caused  500  copies  to  be  thrown  oft  and  sold  at  Id.—  Advertising  me  sauic  uj     f 
Here  is  the  addition. 


Edinburgh  Castle,  February  12, 1840. 

The  awe  was  hastily  printed  last  S'^'-'^^^V' -^^^^^^rnor  Srallo  myliote^or^fd  'hfst"!^: 
^==^«^r=!^^;&3  wS^^  ^^riSr tKM? 
feft^^ScrC^a^^d^^  f^r^U'lTe  "eX^S  C^^^^^^^^^^ 

S,H,-I  am  commanded  by  the  Governor  General  to  acknowledge^ t^^^^^^^^^  °p'po?nYa 'ime  ?o 
fecel;VS'  ^^^^^:^^^^^^  \:f  h^rtu^sr  a';;;  c^oUumc^tL  which  you 
may  desire  io  address  to  him,  if '^f --f,;"CSre,"lr,  your  -st^obe^diem  humWe^ser^v^^^^^^ 

R.  F.  GOURLAY,  Esq.  •     j  ,u„  <,nmp  flnv—  Monday,  and  the  duplicate  on  Thurs- 

No  doubt  my  note  of  the  ^'f, ^,^«  ""'Hi'^^VreV  t^^^^^  day-  Sa\»r./«y-why  did  I  not  get  it 

rfav  following.    If  the  reply  dated  the  8  h  was  wrmeii  uuuuy  ^  ^^    j  ^^^^^^   ^^ 

till  yesterday-  r««^a!/?  ,  »  ,t„r/nnf  nublilied  this  paSr.  The  materials  exhibited  above 
would  have  been  written  at  all  had  I  "ot  published  ^^^^^  P^P^,  j  j^  y^^^  ^^^^  at  work  against  me 
were  selected  in  order  to  piU,  m  the  ^^J^SS^^^if^^l' ,™aTs'  correspondence  with  that  gentle- 
ever  since  ihe  departure  of  feir  I .  O.  Head.  "^'"'^W  '  ^^^i  to  depart,  and  had  probably 
man,  all  my  letters  but  the  last  were  rephed  to  Then  he  ^«^  «^°^^^^,j,  P.  .^'anks  than  any  that 
ceased  to  control  the  office  clerks.  M>  wo  last  ™.  f^^gnj^d  jo,  Mr.  McCormick's  property 
preceded,  but  the  Bed-tapists  had  given  'h^e  no  thought^  save  look  but  to  datt..-The  rngrale- 
Sn  Pele  Island  might  have  been  guardec  a  d  n_^^' >  "7^^,„t  f  ,he  true  character  of  Colon.al  gov- 
ful  return  made  me  for  services  at  C^'land,  marks  stron^i^^^^^  at  Cleveland? 

ernment.    Who  could  have  inflamed  the  ^"/ror,  of  war  »o  PO^^enu  y         ^^   ^^^^^^  ^^  ^^^^^ 

whose  letter  befi.re  us  is  a  tissue  of  shufflniga.idpalpal^^^^^  ^^^  made  even  this 

[Cr"  Wajit  of  space  precludes  further  remarks  at  present,     aim  ^    ^    ^ 

hard  to  accomplish. 

Let  the  British  Government -the  ^^^^^^\^^^ 
vithtl.H.  authorities  coMoeniing  Upper  Canada;  ""^  eventliej  may^^Hm  j  ^  .^^  tome-the 

Lord  Durham,  Sir  George  AriUui  iuid   '^'';-  '''"'7,^,1'",  ^.t^^m^^^^  At  present  let  us 


40 

nothing  of  his  origin  or  his.o>7;  but  ass^^^^^^^^^^^ 

Such  a  man  could  receive  bnbes-  cou  d  Me„cy  however  will  be  happy  to  consider  any  coi»- 
.uiled  his  interest.  He  says,  ihat  «  »  .dTesse^in  writing,  to  me."  What!  could  I  have  aity 
ZSXlCJ'neZZA  a  sSl  in  a'e'  "olonia,  llepartment,  Downing-street,  a,>d  le. 

''Ma^'nrh:S&  and  legislative  Councils^^^^^^^^ 

a  {ersonal  interview  ^i^'V^^o^SL  fo^ad  ^ncing  my  |reatr"ljec.s ipoof  law  V^form  aad 

^^^J^:i:^^S^  ^SHr^^r^^i^"^  the  upper  Canada  Assembly,  I 

wrongs.    It  rtid. me  justice    and  deelare^^^  Sydenham  confirmed  tie  re- 

^^  illegal,  unconsututtonal,  "«'' '?^'/'''"' 'fX'  The  day  arter  that,  I  wrote  the  following,  as  an 
&Su"VeCJro„""Herard',  S  it  w^as  t'he^first^newspaper'  announcement  of  the  melaiv 

'dEATH  of   his  excellency,   lord    SYDENHAM. 

All  is  finished !  Parliament  is  prorogued,  and  the  Governor  Gen- 
eral  is  dead !  -■ "  sic  transit  gloria  mnndir  Let  us  now  be  calm,  and 
reflect  on  these  occurrences,  as  men  and  christians 

The  first  Parliament  of  United  Canada  has  ended  well -well 
bevond  all  expectation,  and  much  good  has  been  achieved.  The 
labor  was  arduous,  and  could  not  possibly  be  completed  in  one  ses- 
Son  but  the  ma  n  positions  of  the  new  Government  have  been 
Sined  and  some^f  the  most  essential  measures  of  reform 
effected  Conflicting  opinions  have  not  been  carried  out  to  injury 
in  nnv  wfiv  and  all  have  parted  in  good  humor.  ....         r. 

'^wLrmos  concerns  ^the  people's  liberty-the  mstitution  of 
District  Councils -is  secure;  and.  secured,  may  be  amended  A 
Biard  of  Works  is  established;  and  an  improved  system  of  Educa- 
tion wS  br^ntroduced.  Fiscal  regulations,  of  a  critical  nature,  are 
very  p  operly  suspended,  till  well  adjusted  in  all  their  bearings  We 
layXLJh.  merely  to  proclaim  our  feelings  on  the  eventful  occa- 
^ion-  reservino-  for  the  future,  details  and  strictures. 

The  dealh  of  Lord  Sydenham,  when  it  happened,  seeins  as  if 
the  iLlgh ty  decreed  that  matters  so  momentous  should  be  sealed 
wfth  the  utmost  solemnity.  No  sooner  had  the  hand  of  His  Excel- 
kncy  performed  its  most  important  offices  -  subscribed  his  will 
and  an  the  instruments  of  the  Legislature,  -  than  i.  ceased  to 
move  and  there  was  but  time  for  the  effusions  of  affectionate  feel- 
er thoughts  of  a  better  world,  and  for  admmistermg  the  Holy 
Sament  to  the  dying  man.  before  his  spirit  returned  to  Him  who 

^Thedeath  of  Lord  Sydenham,  thus  strikingly  marked  can  leave 
but  oneTmpression  on  the  public  mind  -  submission  to  the  All-wise 
Disposer  of  events  ;  and  a  humble  tru«t  that  God  will  never  aban- 
don those  who  are  worthy  of  his  regard. 

As  an  instrument,  Lord  Sydenham  will  be  looked  back  to  as 
specially  appointed,  and  singularly  efficient.  In  business,  he  was 
indefatigable;  and  what  he  accomplished  m  tin s  ^vay  must  have 
Ten  grLt  indeed.  As  a  statesman,  he  was  ^^^oubtedly  wise  and 
prudent;  for  however  some,  who  have  heretofore  basked  m  favor, 
mav  complain  of  no-lp^t  to  ihem.  and  of  promoting  others,  whom 
they  looked  upon  with  prejudice,  yet.  sure  we  are.  nothing  else 
could  have  secured  peace  ;  and.  peace  secured,  this  noble  Province 
needs  but  time  to  be  prosperous  andi  happy.     So  bo  it. 


THE 


HUFTlffMEAH. 


No.  4. 


To  the  Honmahle,  the  Ccmmons  of  Upper  Canada, 

in  Parliament  assembled — 

The  Memorial  of  Robert  F.  Gourlay,  Sheweth :  —  That  your  me- 
morialist, a  native  born  British  subject,  acquired  right  to  land  m 
Upper  Canada,  by  marriage,  1807 ;  and  soon  after,  purchased  an 
equal  quantity  adjoining  thereto,  which  he  paid  for  m  Edmburgh, 

That,  he  went  from  England  to  Upper  Canada,  1817,  to  see  his 
land,  and  consider  whether  he  should  not  settle  there  with  his 

^  That,  being  pleased  with  the  Province,  he  resolved  to  become  a 

settler,  and  to  establish  a  land  agency—  •■  •  ,  ,  j 

That,  he  circulated  queries  for  information  to  emigrants,  which  led 

him  to  know  that  abuses  prevailed  which  retarded  the  improvement 

of  the  Province  —  .    .  .    -r-     i     j  r 

That,  he  then  proposed  sending  Commissioners  to  England  tor 
the  removal  of  abuses,  and  was  generally  countenanced  — 

That,  inhabitants  of  Niagara  District  chose  certain  of  their  num- 
ber to  meet  and  take  measures  for  this  end,  and  in  furtherance  ot 
the  same,  ordered  a  pamphlet  entitled  "Principles  and  Proceedings 
to  be  printed  and  circulated—  , ,    ,, .    i.  -i  r    *  •  i 

That,  your  memorialist  was  twice  arrested  and  held  to  bail  tor  trial 
at  Kingston  and  Brockville  Assizes,  for  circulating  the  pamphlet  — 

That  after  being  twice  honorably  acquitted,  he  hastened  to  New 
York,  and  sent  to  England  a  power  of  attorney  for  settlement  of  his 
affairs  in  Britain,  that  he  might  follow  out  his  business  of  land 
agency ;  but,  on  return  to  Upper  Canada,  was  thrown  into  prison  and 
confined  eight  months  without  benefit  of  bail  — 

That,  at  the  close  of  this  period  he  was  called  before  a  court  ot 
justice  and  banished,  while  so  weak  with  cruel  treatment  as  to  be 
unable  to  protest  against  proceedings  —  •,    .i.  •     -r^     i     j 

That,  returning  to  Britain,  he  found  his  property  both  in  England 
and  Scotland  out  of  his  possession,  and  disputed  in  the  Court  ot 
Chancery  and  the  Court  of  Session—  ♦  v* 

That,  after  four  years'  litigation,  he  succeeded  at  every  stage  ;  but 
then  was  exposed  to  other  and  continued  trials,  so  as  still  to  be  kept 
out  of  possession  of  his  property  —  •,      ,     i       •  .  j    n 

That,  losing  hope  of  success  by  law  process,  he  had  printed  all 
essential  papers  regarding  his  property,  and  acquainted  liis  son  that 
he  could  not  move  further,  who,  in  consequence,  returned  to  fecot- 

6 


^s. 


# 


land  from  Upper  Canada,  to  give  ^i^'.^'^^J.^^;;:. /^^^jjew  York^ 
whereupon  your  memorialist  crossed  the  ^j^^^f /°,  ^^^g  qJ^^ 
placed  printed  coi.ies  of  aiiairs  ui  the  f^fmlv  18^8  Tor  himTo 
counsellor  at  la^v.  who  wrote  his  power  of  f  °f^Xmenl  butTfter 
witness  transactions  and  contmued  efforts  for  ^^^^^l^^^J^^^^'  ^^]*/;^^^^ 
eighteen  months'  residence  in  that  city  no  PJ'^g''^^^.  ^^  to'wait 
vour  memorialist  retired  to  his  present  residence  in  Ohio,  to  wait 

nSri^'^nrinformed  that  l-bhc.affairs  bo^  in  Lowe^^^^^^ 
TTn.ier  Canada  are  more  and  more  occasionmg  trouble  --that  he  is 
mo  e  and  more  ^ssiued  that  no  peaceful  settlernerit  can  be  obtamed 
but  bv  Ml  and  fair  inquiry,  which  can  only  be  had  by  applicatioi^  to 
the  ImpeiialParliament,  whence  emanated  the  constitutional  act  of 

^o'lrmemorialist  therefore  -w  presses  what  he  reconu.en^^^^^ 
eighteen  years  ago,  namely :  — sendmg  Commissioners  to  Englarid, 
tiere  to  inv'L,  what  he  believes  the  competent  authorities  will  cheer- 
fully grant,  free  and  fair  inquiry  into  every  cause  of  ^vjl-  ,. 
Your  mmorialist  maintains,  that  every  step  ta^^^ifg^^J^^^*^^^^^^^^ 
in  Tinner  Canada,  was  oppressive  and  barbarous.     He  can  still  pro 
duce^evLy  Xd VTnted  by  him  there,  in  proof,  that  nothing  but  zeal 
Fo^rnbhcVod  aviated  him  throughout.     He  can  prove  that  his 
efforts  for  ?he  benefit  of  the  Pf  ^in^e  were  unremit  mgf^^ 
years  after  his  banishment;  and  he  ffelsconfiden  ^^^t,  vath  j^s^^^^^^^^ 
done,  he  could,  still  more  than  any  other  individual,  advance  its  pros 

^'^tn\t  tegSure  this  twenty-fourth  day  of  March,  one  thou- 
sand e^ght  hundred  and  thirty-six.  at  WiUoughby,  m  the  county  of 
Cuyahoga,  Ohio.  ROBERT  F.  GOURLAY. 

Witnessed  by   Cakb  Wilmot  Wraton,  and  Andrew  Hmliston  . 

No.  7.     First  Series.  Wilhughhy,  April, jm^. 

fPmvATE.l  Mr.  Gourlay  presents  his  comphments  to  Sir  1.  li. 
nlad  has  not  yet  received  back  printed  testimonials  enclosed  with 
his  last  c<)mmunication,  of  March  24.  but  hopes  they  are  on  the  way^ 

Mr.  G.  subjoins  part  of  a  letter  to  his  claughter,  which,  with  her 
letter  enclosed,  he  begs  may  be  retained  till  caUed  tor. 

.^     ^  Toronto,  March  31.  1836. 

Sir- The   Lieutenant   Governor  has  read    your  testimonials, 
which  I  beg  to  return  to  you.     He  has  also  perused  your  memorial, 
Tnd  has  seSt  it  to  the  Speaker  of  the  House  of  Assembly.      • 
I  remain.  Sir,  Your  obedient  servant, 

R  F.  GouELAV,  Esq. F.  HALKETT. 

^'m?'  Gourlay  presents  compliments  \d  Sir  F.  B.  Head;  received 
back  testimonials  immediately  after  despatching  his  last  communi- 


43 

cation ;  and,  has  now  to  thank  the  Lieutenant  Governor  for  sending 
his  memorial  to  the  Speaker  of  the  House  of  Assembly. 

Mr.  Gourlay  has  read,  with  infinite  pleasure,  His  Excellency's  ex- 
position of  duties,  relating  tu  the  Executive  Council ; — subjoins  copy 
of  letters,  and  encloses  one  from  his  youngest  daughter,  begging 
that  the  same  may  be  retained  till  called  tor ;  and,  that  this  stiange 
liberty  may  be  pardoned. 

Willoughby,  May  20,  183G. 

No.  10.  Government,  House,  Toronto,  May  31,  1836. 

Sir —  The  Governor  has  received  your  letter  of  the  20th  instant, 
which  he  has  read  with  great  attention.  The  letter  from  your 
youngest  daughter,  shall,  according  to  your  desire,  be  kept  till  called 
for.  I  remain,  Sir,  Your  hnmble  servant, 

F.  HALKETT. 

R.  F.  Gourlay,  Esq. 

No.  11.  Willmtghhy,  Ohio,  June  8,  183G. 

Sir  — I  received,  yesterday,  a  letter  dated  May  31,  from  Mr.  Hal- 
kett,  who  is,  I  presume,  your  secretary,  acknowledging  receipt  of 
mine  of  the  20th. 

He  says,  "  the  letter  from  your  youngest  daughter  will  be  kept 
till  called  for,"  and,  I  presume,  that  frorn  my  oldest  daughter,  formerly 
enclosed,  was  also  received,  and  will  be,  in  same  way,  honored.  I 
now  enclose  one  from  my  other  two  daughters,  confiding  the  whole 
to  your  keeping,  as  a  gentleman :  —  either  to  be  returned  to  me,  when 
justice  is  done  for  the  outrage  to  British  right,  perpetrated  in  my 
case  beyond  all  example :  or,  to  the  writers  after  my  death,  with  this 
assurance,  that  I  never,  for  one  moment,  was  untrue  to  ray  family 
or  my  country. 

This,  as  two  former  letters,  is  m^xkadi  private,  only  as  regards  the 
enclosed  letter  to  my  dear  girls. 

I  have  the  honor  to  be,  most  respectfully  yours, 

ROBEKT  F.  (JOURLAY. 

Sir  Francis  B.  Head. 


No.  12. 

"On  tlie  fourth  ultimo,  a  numerous  deputation  o/  noblemen  and  gen- 
tlemen, composed  from  all  political  parties,  among  ichom  trerc  the  Earl 
of  Devon,  Mr.  O  Connel,  Mr.  W.  W.  Whitmore,  the  Rigid  Hon.  Mr. 
Courtney,  Mr.  H.  G.  Ward,  M.  P.,  Mr.  Hutt,  M.  P.,  Mr.  Anger ston, 
M.  P.,  Col.  Torrens,  Mr.  Ferguson,  of  Raith,  and  Mr.  Wyse,  M.  P., 
had  a  long  interview  with  Lard  Melbourne,  to  .suggest  to  his  Lordship 
the  expe  Hency  of  raising  an  emigration  fund  for  Ireland,  by  means  of 
the  sale  of  the  waste  lands  in  the  ^Colonies.  The  re.mlt  of  the  conference 
was,  that  an  inquiry  into  the  subject  would  be  immediately  po-oposed  to 
parliament,  with  the  sanction  of  government." 

Mr.  Gourlay  presents  his  compliments  to  Sir  Francis  B.  Head ; 
has  extractedthe  above  from  a  late  newspaper,  and  appends  printed 
letters  to  Sir  George  Murrnv  and  the  Duke  of  Wellington,  Septem- 


L; 


44 
ber  and  October,   1829,  as  they  bear  uiK,n  the  sanae  subject  of 
^■^fefom»rt«nity,osn,^.n^^^^^^^^^ 

Francis.     Two  lines,  acknowledging  the  rece.pt  of  this,  wiU  be 
"''"^'"*''  WiUaughhy.  Cuyhogo.  CrnntV^  Ohio,  My  13,  1836. 

I  have  read  the  -"^-^  ^Uh '^Te^  EL.  Mge,  C.  P. 
I  also  have  read  these^ett^s^   HENDERSON, 

Post  Muster,  Willoughby,  Ohio. 

go  to  any  ^scpense."-^- Morning  Chron.,  2rd  J^^\^^~^.^^^  ^^,.^^^^  j-^-,^^  Sept.  25,  1829. 
•Ti?,S«d,l.c  Duk.  of  Wellington  April '».  Jf^Sa„d».„excd^yl»«^^^^^^^^^ 

""HSauk,  of  Wellington  remained  i"  «k=  ™^i,fefe7'o°r  o^^nerer/f 
.ecured  renown,  and  posterity  would  h»'»  ''7.f/° ^eT hefceconies  fretful:- 

establishing  a  grand  system  of  emigration  ;  and  I  fan  ^ell  h°w  tha^^^J^f  ^^„„;^ 


hearing  ?     No,  sir;  ana  it  was  lO  marri  T^^  -"-X ^-  ■„_,   .u  ^  i^^ter  is  worthy  of 
chief  magistrate  -i^-««  ,«^y /^^Xl-f  We  iinirn  "^  to  drop  \i8 

^^:^:SZ^^^^^  ;'-  y-   send  for  and  hear  me.     Every  age 


45 

haa  given  proof  of  the  intolerance  of  installed  power;  it  would  be  w  thy  of  the 
present  to  rise  above  it  — worthy  of  the  conqueror  of  Napoleon  to  take  the  lead  in 
liberality.  At  this  moment  he  can  do  more  than  any  man  that  ever  existed :  at 
this  moment  Britain  may  become  mistress  of  the  world,  merely  by  wiie  colonial 
policy,  and  without  again  drawing  a  sword.  From  this  moment,  she  may  pine, 
and  fall  to  pieces.     How  vast  then  is  the  responsibility  of  her  present  Rulers ! 

I  sent  you,  yesterday,  plans  for  the  improvement  of  Edinburgh,  merely  to  show 
how  I  have  employed  leisure  time;  but,  I  assure  you,  it  would  r've  me  pleasure 
to  have  more  important  matters  to  think  of;  and,  should  the  Duke  of  Wellington 
and  you  incline,  that  may  be  speedily.  He  shall  have  a  copy  of  this  letter,  and, 
tu^ard,  you  shall  have  no  further  trouble  from  me. 

\our  obedient  servant,  ROBERT  F.  GOURLAY. 

Sir  Gkoege  Murray. 


2,  Bridge  Street,  Leith,  Sept.  30,  1829. 
Sin—  So  little  did  I  know  of  you,  beyond  being  secretary  of  state,  when  address- 
ing you  last  week,  that  I  conceived  you  were  head  of  your  family  in  Perthshire. 

Same  manner,  you  may  have  heard  of  me  only  as  having  been  confined  in  Cold 
Bath  Fields  Prison  as  a  madman,  and  thenre  have  cast  aside  my  letters  as  mere  rav- 
ings Let  me  remind  you,  however,  that  I  referred  in  that  of  July  1,  182S,  to  Sir 
Henry  Torrens,  and  one  of  your  constituents.  This  shall  be  accompanied  with  a  let- 
ter from  one  of  the  most  eminent  men  of  the  f^.;,*,  ^V.  Chalmers,  dated  17th  Febru- 
ary 1S25  and  directed  to  mc  in  the  above-r  dtr.ed  p  Jon.  Dr.  Chalmers,  you  will 
observe  not  only  speaks  of  me  with  kir.  mcL-s  and  .^.spect,  but  states  that  I  was 
"  one  of  the  ablest  of  his  fellow  students^  I  s  wv  tftcrw:  ds  wrote  to  him  as  lecturer 
on  political  economy,  and  asserted  that  a  -jnv.ion  aborer  may  earn  the  price  of 
half  a  bushel  of  wheat  per  day,  while  the  preset  '■»'"■•  v  of  rents  and  taxes  ispaidi 
and  this  I  repeated  in  letters  to  more  than  •-.^Uty  clergymen  ol  tife,  April  1827, 
offering  to  explain,  if  the  Doctor  gave  no  solution  by  May  foUov^ine. 

Now  sir,  to  all  that  I  have  said  to  you,  and  in  my  lett'^:r  to  his  Majesty  returned 
by  the  Duke  of  Wellington,  1  add  the  above  assertion,  and  shall  prove  it,  if  the 
Duke  will  send  for,  and  hear  me  —  prove  it  or  be  disgraced.  t       •  i. 

I  meant  his  Grace  no  disrespect  by  the  freedom  of  my  language.  I  neither 
flatter  nor  fear,  and  value  myself  chietly  as  an  honest  man.  My  wish  was,  to 
rouse  him;  and,  by  that  rousing,  I  had  proof  of  his  having  seen  my  letter  to  the 
Kin''  which  I  could  not  obtain  from  a  former  minister.  The  victories  spoken  of 
were' those  of  Britain,  and  if  they  'Uurfied  on  a  straw.;'  we  have  the  niore  rea- 
son to  give  the  glory  to  God  — the  more  reason  to  make  good  use  of  the  peace 
which  they  purchased,  by  calmly  considering  what  should  now  be  done  to  ensure 
happiness  to  mankind.  ,     t^  ,       e  in  u-     ^ 

A  copy  of  my  last  letter  to  you  was  transmitted  to  the  Duke  of  Wellington,  as 
a  copy  of  this  shall  be ;  and  all  that  I  now  beg,  is  to  be  informed  if  he  will  send 

for  and  hear  me.  ^      ^,    ,         ,    ,  .  j    r  i     •    i 

You  will  have  the  goodness  to  return  Dr.  Chalmers's  letter;  and  if  denied  a 

hearing,  enclose  it  in  a  blank  cover,  to  give  least  trouble  to  yourself. 

I  have  the  honor  to  be,  sir,  lours  faithfully, 
Sir  George  Murray. ROBERT  F.  GOURLAY. 

Prutis,  Fifeshire,  October  9.  1829. 
Sir  — While  you  and  the  Duke  of  Wellington  maybe  perusing  my  letter  of  30th 
ultimo  I  am  seated  in  a  house,  built  and  occupied  by  me  two-and-twenty  years 
ago  when  I  was  perhaps,  without  exc.ption,  the  most  fortunate  man  in  this  coun- 
try' My  father  then  stood  preemine, it  for  public  spirit,  and  as  a  gentleman  was 
without  stain.  I,  and  my  family,  were  provided  for  to  our  utmost  wish,  and  beyond 
risk,  as  was  then  thought.  Out  of  doors,  I  was  well  with  all  ranks,  — in  retireinent, 
blessed  with  the  society  of  a  most  amiable  wife,  and  her  friend,  the  lady  of  the 
late  Sir  Henry  Torrens."  An  accident,  at  a  county  meeting,  touched  my  teelings, 
and  biased  my  fate.  I  left  this  place  for  England,  not  because  of  that  accident, 
but  to  follow  out  studies  of  the  poor  law  system,  and  I  will  dare  to  say,  have  en- 
countered, in  continued  succession,  during  the  last  one-nn,l-tvventy  years,  more 
vexation  than  any  man  alive.  At  this  moment,  I  am  deprived  of  all  property, 
abandoned  by  relations,  unhoused,  separated  from  my  children,  and  can  assist 


46 


them  only  by  putting  an  end  to  my  existence,  which  I  shall  not  do  while  reason 
and  hoS^iemain.  At  this  moment,  Sir,  I  do  not  despair  even  of  making  good 
whatTstated  in  my  letter  to  the  King,  returned  to  me  in  the  blank  cover  of  the 
Duke  of  Wemnston^  His  Grace  may  send  for,  and  hear  me  ;  or,  let  me  be  exam- 
ined in  Edfnburgh  during  the  present  month,  by  three  university  professors  who 
have  known  me  from  boyhood,  viz:  Dr.  ChaUaers,  Dr.  James  Brown  and  Mr. 
Leslie  wTth  any  other  the  Duke  of  WeUington  may  name,  and  1  shaU  answer 
every  Question  tLtmaybeput,  eitherasto  the  assertions  made  or  conduct  at  home 
and  abroad  If  I  have  injured  any  human  being,  or  offended  aga  nst  any  aw,  I 
sSallmake  proper  amends';  if  I  ha4  erred  in  conduct,  I  shall  submit  to  rebuke 

This  letter,  and  a  copy,  shall  be  despatched  without  cover,  to  >ou  and  the  Duke 
of  Wellington,  that  if  you  refuse  my  offers,  it  may  be  in  your  power  to  oblige  me 
by  returning  it  to  me  in  Leith,  bearing  the  post-marks,  that  I  may  exhibit  it  to  the 
Dublic,  and  leave  it  as  an  inheritance  to  my  children. 
*  '  I  have  the  honor  to  be,  sir, 

Most  faithfully  and  sincerely  yours. 

Sir  Geoege  Murray. ROBERT  F.  g6t1rLAY. 

St.  Jndrews,  October  10, 1829. 

My  Lord  —I  am  here,  in  the  arms  of  alma  mater,  and  every  way  well  circum- 
fltanred  for  philosophical  reflection.     Let  us  then  indulge.  ,       , 

While  you  eyed  your  watch,  counting  the  minutes  of  slaughter  and  endurance, 
till  the  Prussians  came  up;  while,  too.  Napoleon  surveyed  the  field  of  Waterloo, 
loneine  for  Grouchy,  —  Napoleon,  who  said  "  that  he  had  yet  thirty  years  to  live, 
and  would  not  sit  on  a  throne  without  glory : "  was  there  not  a  superior  Power  a 
Disposer  of  events  1  Yes,  most  assuredly.  All  that  has  passed  has  been  with  the 
will,  and  by  the  power  of  an  Almighty  Being,  who  prepared  you  for  the  battle,  and 
ffave  vou  tne  victory.  .     , 

Un  to  this  hour,  believing  all  for  the  best,  honor  is  due  to  you,  not  as  our  rninis- 
ter  only,  but  as  the  instrument  of  God.  But  while  we  do  you  honor,  shou  d  we 
flatter  and  seal  up  our  eyes  ?  -  Should  we  not  tell  you  what  we  think,  and  should 
you  not  submit  to  be  arraigned  and  tried  by  the  British  people  ?  -  Should  you  not 
confide  in  public  opinion,  rather  than  in  the  award  of  a  court  of  justice  ?  —  Should 
you  not  hear  an  individual,  however  low  in  your  opinion,  who  stakes  his  all  on 
the  issue,  and  who  can  have  no  object  but  the  good  of  his  fel'ow  men  ? 

Believe  me,  my  Lord,  with  high  respect,  Your  Grace's  obedient  servant^ 

The  Duke  of  Wellington.  ROBEKl   b.  GUUKL,A)t. 

N.  B.  The  Duke  of  Wellington  may  show  the  accompanying  plan  to  his  Ma- 
jest}',  and  point  out  the  situation  for  an  equestrian  statue  of  the  King. 

~~  St..  Andrews.  October  10, 1829. 
Sir  — This  letter  has  no  other  object  but  to  close  a  series.  Just  now,  twelve 
years,  travelling  in  the  United  States  of  America,  I  saw  the  errors  in  the  system 
of  settling  wild  land,  and  the  advantage  which  might  accrue  to  Britain,  from  the 
adoption  of  a  right  sy;Jtem.  In  a  letter  addressed,  soon  after  this,  to  Sir  H.  forrens, 
to  be  laid  before  Lord  Bathurst  or  the  Duke  of  York,  I  asserted  that,  '  Upper  Canada 
min'ht  alford  a  revenue  after  maintaining  two  regiments,  repairing,  and  keeping  in 
repair  the  forts,"  &c.  My  efforts  in  that  Province,  which  led  to  my  ruin,  chiefly 
went  to  obtain  inquiry  into  me  principles  of  rightly  settling  wild  land.  Since 
then  efforts  to  the  same  ena  have  been  made  year  after  year,  but  all  in  vain. 
Emigration  committee-,  have  sat  and  reported  again  and  again,  but  never  have  at- 
tended to  this  most  important  point.  I  am  now  about  to  return  to  Leith  :  have  little 
hope  of  a  hearing  ;  but,  if  it  is  grant'. ^,  either  by  the  Duke  of  Wellmgton  personally, 
or  by  a  commission  in  Edinburgh,  i  shall  shew,  by  a  regular  series  ot  documents 
from  the  year  1817  till  tlie  present  time,  how  constantly  I  have  pressed  inquiry 
on  this  subject,  &c.  &c.  To  Sir  George  Murray. 

■^Q   j3  Toronto,  My  23. 

Sml-By  desire  of  His  Excellency,  the  Governor,  I  have  to  ac- 
knowledge the  receipt  (if  your  letter  of  the  13th  instant. 

I  am,  Sir,  Your  obedient  servant,  F.  HALKETT. 

R.  F.  GouKLAV,  Esq. 


47 


No.  14.  Ohio,  August  26,  1836. 

Sir — I  corresponded,  last  January,  with  the  Governor  of  this 
State,  and  offered  six  months  of  my  time,  in  order  to  drawing  up  a 
statistical  account.  That  correspondence  was  suspended,  on  seeing 
from  newspapers  your  arrival  at  New  York,  as  Lieutenant  Governor 
of  Upper  Canada ;  and,  the  fact,  that  you  had  been  a  Commissioner 
of  poor  laws,  induced  me  to  think  your  appointment  was  more 
especially  with  a  view  to  emigration.  I,  therefore,  commenced  cor- 
respondence with  you ;  repeated  offers  to  the  British  Government 
previously  made  through  the  medium  of  the  press ;  and,  these  offers, 
I  more  fully  explained  by  printed  documents,  appended  to  my  letter 
to  your  Excellency,  dated  July  13,  1836. 

These  offers  not  appearing  to  be  valued,  I  shall  not  again  trouble 
your  Excellency  on  that  subject.  But,  as  under  date.  Government 
House,  Toronto,  May  31,  1836,  it  was  said;  "The  Lie-tenant  Gov- 
ernor has  received  your  letter  of  the  2Qth  inst.,  which  he  has  read  with 
great  attention"  I  shall  take  the  liberty  to  submit  a  copy  of  a  letter 
winding  up  the  transaction  spoken  of. 

Closing  correspondence,  permit  me  to  state,  that  I  have  no  con- 
nection with  the  party  politics  of  Canada,  and  ^  Ul  have  none. 
Indeed,  for  ten  years,  I  have  held  all  such  in  abhorrence. 

At  New  York,  eighteen  months,  I  seldom  saw  Canada  newspapers ; 
and  for  six  months  after  coming  here,  did  not  see  any.  Your  expo- 
sition of  duties,  fell  into  my  hands,  by  perfect  accident,  at  Painesville, 
16  April;  and,  going  to  Cleveland,  a  month  afterwards,  I  saw,  at  a 
newspaper  office,  part  of  a  Report  to  the  Commons  House  of  Assem- 
bly, couched  in  violent  and  abusive  language ;  for  which,  till  this 
moment,  I  am  unable  to  account.  I  observed,  from  a  New  York 
paper,  that  messengers  had  been  sent  to  England,  at  the  same  time, 
by  that  House,  and  your  Excellency ;  but,  to  what  end,  I  know  not. 

I  have  the  honor  to  be,  with  great  respect,  Your  ob't  serv't, 

Sir  F.  B.  Head.  ROBERT  F.  GOURLAY. 


No.  15.  Government  House,  Toronto,  Sept.  12,  1836. 

Sir  —  By  desire  of  the  Lieutenant  Governor,  I  have  to  acknowl- 
edge the  receipt  of  your  letter  of  the  26th  ultimo.  His  Excellency 
desires  me  to  say,  that  he  will  pay  as  much  attention  to  your  sug- 
gestions, as  Ues  in  his  power.  I  am.  Sir,  your  ob't  serv't, 

R.  F.  GouRLAY,  Esq.  F.  HALKETT. 

Sandwich,  September  17,  1836. 
No.  16.  [Private.] 

Sir  —  Treading  this  day  on  the  soil  of  Upper  Canada,  after  an 
absence  of  seventeen  years,  I  make  it  my  first  business  to  protest 
against  the  barbarous  and  oppressive  treatment,  to  which  I  was 
subjected  by  the  ruling  authorities,  during  the  years  1818,  and,  1819. 

I  enclose  a  letter  from  my  son,  to  remain  with  your  Excellency, 
together  with  those  from  my  daughters,  and,  for  the  same  end. 
I  have  the  honor  to  be.  Your  very  humble  servant, 

Sir  F.  B.  Head.  ROBERT  F  GOURLAY. 


i 


48 


again  ^yarmed  '"l^/^^^^'.^,/ "■"^^Xu^hman,  had  been  chosen  by  the  people,  at  the  recent  general 
HearingthataMr.Piuct   anting  3^^^^  at  his  house,  distant  about  a  mile  from  the  yil- 


election"^"ep^^m  ulemlnTarii^n^niricall^d  ^:his  house,  distant  aboit  a  mile  from  the  yil- 
lagel  °o  Lespeal.  co-operation  in  establishing  ^"}'rJt''".l^?T'f. 


3,  but  he  was  from  home.     I  left 

a  ^i;i;>;;n;5;r;;:,  however,  to  this  en^;  -J.  H"'i^  «-i]g'^xr '"""  ^""""  ^""''' 

Mediator  and.  Appellant    ^^Z"''^"  .'^"■'''';'j  &ft"  TaTb    ?s  reet.    Here  I  got  hold  of  some 
correspondence  with  J^e  Du'ce  ot  Wei  ingiM  prevented  the   sailing,  and  I  then  added 

Slerof'lUust,'  by"h     Sso     lIrUestlon-rlcot"min, ''a.^d    friend  of  twenty-five  years 
^onHh,"      ThiV friend    thoucht  proper  to  pocket   the  money  -  sufficient   to  pay  all  I  owed   in 

which   ^^^^.^'^.^''^\^\^°L^^^^^  could   scarcely  believe  my   eyesight  :- 

^Wed^helettelft'^t  vo  nL(d^^^^  all  was,  as  first  read  ;  and  resolved  imme- 

I'herrrwl's'  Ttlifend"of  Lrtfr^e,  thl'!^o'was  paid  to  me-having  been  detained  some 

""win'teT'wafnow  set'  i,ra5'f  could  do  no  other  than  fix  myself,  in  Cleveland,  till  Springy 

T^ifunnerCanada  rebellion 'broke  out  on  the  4th  December:  on  the  7th  McKenzie  had  to 

flv-nnd'^     four  days  reached  Buflalo,  where  the  Theatre  was  given  to  him,  in  order  to  ad- 

".S  ;» '?l"Sl°.Cffi  nSS  o'r"S  T„.  N.r™M«,"-  .1...  r„d.,.  m.y  h...  Ume  .» 
pause  and  reflect. 

Flying  reports  are  not  alway,  lying  reports. -There  is  a  rumor  now  afloat,  that  the  cele- 
brated  Robert  Gourlay,  who  has  beea  living  in  Ohio  for  some  time,  has  engaged  the 
services  of  ten  thousand  vohinteers,  to  aid  the  Upper  Canadians,  whenever  they  are 
prepared  to  strike  for  "the  Queen  and  LIBERTY."  We  cannot  place  entire  confi- 
dence in  the  story  ;  the  number  is.  we  think,  exaggerated.  Nor  can  we  vouch  for  the 
truth  of  another  report  that  has  got  into  the  papers,  namely,  that  the  Lower  Canadians 
are  determined  on  burning  Quebec  and  Montreal,  as  the  Russians  burnt  their  city  of 
Moscow,  thereby  to  rid  themselves,  in  the  inclemency  of  the  winter,  of  the  troops  and 
tories  The  third  report,  worth  noticing  at  "  this  juncture  "  is,  that  Sir  Francis  has  spies 
employed  in  all  directions,  to  take  notes  of  all  the  sayings  and  doings  of  the  "  revohUion- 
ists'"  "  They  call  me  their  evemu."  said  Sir  Francis,  "««r/  the  truth  is.  I  really  am: 
The  people  have  taken  you  at  your  word,  Sir  Francis,  and  they  are  accordingly  preparing 

lo  defend  themselves  from  the  "  enemy."  ,^  ,,   r  ■,      ,. 

{St.  Thomas.,  U.  C.  Liberal) 


THE 


KlgP^IffMnAM. 


No.  5. 


To  the  Honorable  the  Commons  of  Upper  Canada,  in  Parliament 

assembled : 
The  memorial  of  Robert  F.  Gourlay: 

Shevveth  —  That  your  memorialist  had  a  memorial  presented  to 
your  honorable  House  in  March  or  April,  1836,*  which  he  now  prays 
may  be  called  up,  read,  and  laid  on  the  table,  along  with  this  me- 
morial— 

That,  the  object  of  the  first  was  to  register  facts,  in  order  to  a  par- 
liamentary inquiry  into  the  extraordinary  circumstances  of  your 
memorialist  — 

That,  your  memorialist  corresponded  with  Sir  Francis  Bond  Head, 
with  a  view  to  the  said  inquiry  ;  and  put  into  his  possession  certain 
pledges  and  papers  preparatory  thereto — 

That,  your  memorialist  would  have  been  at  Toronto,  early  in  1837, 
there  to  prosecute  the  business ;  but  was  struck  down  with  disease, 
in  the  State  of  Ohio,  and  detained  sixteen  months — 

That,  by  this  detention  your  memorialist  had  it  in  I ':  power  to 
communicate  to  Sir  Francis,  at  various  times,  during  h,  sbellion 
and  invasions  of  the  province,  highly  important  intelligence,  for  which 
he  was  repeatedly  thanked  by  his  Excellency  — 

That,  your  memorialist,  on  learning  that  Sir  Francis  was  to  leave 
the  province,  requested  him  to  seal  up  his  private  letters  a:nd  papers 
in  a  packet,  to  be  put  into  the  possession  of  the  succeeding  Lt.  Gov- 
ernor ;  and,  had  assurance,  that  this  was  done  — 

That,  your  memorialist,  hearing  of  the  nrrital  of  Sir  George  Arthur, 
addressed  a  letter  to  him,  begging  to  be  informed  if  the  packet  was 
in  hand,  and  would  be  cared  for;  but  received  no  reply  — 

That,  in  consequence,  your  memorialist  wrote  a  second  time  ;  but 
was  still  unnoticed,  and  has  ever  since  been  very  uneasy,  as  to  his 
letters  and  documents  — 

That,  having  read  Lord  Durham's  proclamation,  inviting  all  to  ap- 
ply to  him  ;  and  hearing  that  his  Lordship  was  at  Niagara  Falls, 
your  memorialist  hastened  thither,  from  Ohio:  then,  finding  that 
Lord  Durham  had  returned  to  Quebec,  followed  him  there,  where  he 
was  refused  an   interview ;  and  thus,  in  very  feeble  health,  has  been 

♦  In  the  .Tournals  of  the  House  of  Assembly,  I  found  recorded,  as  folio  a's  : 

".4/7rt/97,  1330,  pursuant  to  the  order  of  the  dav,  the  followiiiy:  petilioi.s  were  rend."     *    «    » 
"  Of  Roliert  F.  Gourliiy,  of  Willouprhhy,  in  the  state  of  Ohio,  praying  that  an  inquiry  may  be  insti- 
tuted into  the  evils  exisiin<7  in  the  Province,  &c." 

I  :i!so  learned,  thti!.  Sir  K.  Head,  havinsr  delivered  my  ineniorinl  to  the  Speaker  ■  he  nut  it  into 
the  jiand  of  Mr.  Peter  Perry,  who  presented  it.  iinlortunuiely,  at  that  moment,  Mt.  Perry  was 
einpUiyed  in  strn;,'u:liii,q:  against  Sir  Francis,  and  *iopping  supplies,  then  sadly  out  of  time  ;  indeed, 
outraging  decency,  as  was  declared  at  next  election. 


t.l' 


i 


is'' I 


5  li 


i 


50 

reduced  to  the  most  distressing  circumstances;    nor  could  he  have 
held  out  but  from  the  very  great  kindness  of  many  mdividuals  - 
'^That  'it  was  the  intentiL%f  your  memorialist  to  have  P--^^^^^ 
appeared,  at  this  time,  in  Toronto  ;   but  disease  has  ^^hoUy  disabled 
him    and   in  his   present  melancholly  situation,  he   trusts  that  youi 
h  nirable  kouse  .'ill  be  the  more  disposed  to  g;v«  P--P^  .^"^  - 
to  his  most  extraordinary  case;  more  particularly  as  to  his  impr  son 
ment  in  Niagara  ja.l,  in   1819,  which  reduced    h.m  from  a  state  of 
happiness  and  prosperity,  to  the  utmost  tmsery  and  rum. 

Your  memorialist  always  has,  and  still  does,  assert   that   hat  un 
prisonment  was  not  only  illegal  and  unconstitutional,  but  altogether 

"xtt  ^ouTmemorialist  is  anxious  while  many  are  jiU  alive  who 
witnes  'ed^his  last  appearance  on  trial,  to  have  it  proved,  that  he  was 
n  Tn  afit  state  for  t'rtal  ;  and,  in  fact,  never  would  have  consented^  o 
anv  such  trial,  had  he  been  in  possession  of  his  faculties,  which,  from 
weakness   arising  from  cruel  treatment,  he  was  not. 

He  there  0  e  ^entreats  that  a  commission  or  committee  may  be 
aoDointed  immediately  to  investigate,  on  the  spot,  all  the  circum- 
stTces  of  Inmost  barbarous  affair,  as  well  as  to  inquire  into  the 
tJulh  ofall  the  allegations  set  forth  by  your  memorialist,  in  this  and 
his  former  memorial :-And  he  will  ever^PJ^^^^  ^    GOURLAY. 

St.  DavicVs,  Niagara  District,  March  9,  1839. 
Witnessed  by  David  Secord.  ^ 


I'll 


NiiBS-i* 


m'l    1 


Action  of  the  House,  on  the  above,  extracted  from  the  Journals. 

March  18,  1839. 
.  ■   PETiTioN-of  Robert  F.  Gourlay,   praying  that  a  Committee  may 
be  appointed  to  investigate  his  conduct. 

March  21. 

Ordered -Th^t  the  petition  of  Robert  F.  Gourlay  be  referred  to  a 
select  Commillee,  to  be  composed  of  Messrs.  Thorburn  and  McMick- 
•ing,  and  to  report  thereon  by  bill  or  otherwise. 

To  the  Hoiwrabh,  the  Commons  House  of  Assembly. 

The  Committee  to  lohom  was  referred  the  Petztion  of  Robert  Jr. 
Gourlay,  beg  leave  to  make  the  fnllowing  report : 

It  appears  that  the  object  of  the  Petitioner  is  t^  have  an  expression 
of  the  House  of  Assembly,  relative  to  his  conduct  while  m  ihi^  Prov- 
ince, it.  1817,  18&  19,  and  on  certain  judicial  f^^^^^'^'^S;,  °j  ^f/ 
local  authorities,  and  the  Court  of  Assize  and  of  General  Gaol  De- 
livery, held  in  the  District  of  Niagara,  in  the  month  of  July,  1819, 
whenu  judrnnent  was  recorded  against  him  as  gn.ltv  of  havme  dis- 
obeyed the  order  of  cortain  Maffisirntes,  acting  un 


t  of  the  Province,  entitled  "  an 


an  ao 

Provini^e  aguiiis 


,., ^    ..jder'the  authority  of 

act  for  'the  better  securing  this 


r,  all  aediiiuas  attempts  or  designs  to  disturb  the  tran 


51 


' 


quillity  thereof:"  which  act  was  subsequently  repealed.     Your  Com- 
mittee find  that  the  judgment  aforesaid  was  perpetual  banishment. 

Waiving  the  legality  of  the  judicial  proceeding,  your  Committee 
having  a  personal  knowledge  of  the  conduct  of  the  Petitioner  during 
the  aforesaid  period,  in  the  District  of  Niagara,  and  have  no  hesita- 
tion in  giving  full  credit  to  the  declaration  of  the  Petitioner,  that  his 
motives  were  for  the  benefit  of  the  Province  ;  and  however  far  he 
might  have  deviated  from  the  then  law  of  the  land,  it  appears  to  your 
Committee  that  your  Honble.  House  will  render  an  act  of  'ustice  to 
the  Petitioner  by  addressing  His  Excellency  the  Lieut,  Governor, 
humbly  requesting  His  Excellency  to  use  the  prerogative  of  the 
Crown,  to  enable  the  said  Robert  F.  Gourlay  to  return  and  reside  in 
this  Province,  if  he  shall  think  fit  to  do  so. 

RICHARD  WOODRUFF,  Chairman. 

Committee  Room,  House  of  Assembly, 
25th  April,  1839. 


April  29. 

Mr.  Thorburn,  seconded  by  Mr.  Woodruff,  moves  that  the  Commit- 
tee to  whom  was  referred  the  Report  of  the  select  Committee,  on  the 
petiUon  of  Robert  F.  Gourlay  be  discharged,  and  that  the  Report  be 
referred  to  a  Committee  of  the  Whole,  forthwith  — 

Which  was  carried,  and  the  House  was  put  into  Committee  of  the 
Whole  on  the  same. 

Mr.  Merritt  in  the  chair. 

The  House  resumed. 

The  Chairman  reported  that  the  Committee  had  adopted  the 
report,  and  submitted  it  for  the  adoption  of  the  House. 

The  report  was  accepted. 

Mr.  Thorburn,  seconded  by  Mr.  Woodruff,  moves  that  the  report 
be  adopted. 

In  amendment  —  Mr.  Sherwood,  seconded  by  Mr  Boulton,  moves 
that  the  report  be  not  adopted,  but  that  it  be  resolved  that  an  humble 
address  be  presented  to  His  Excellency  the  Lieutenant  Governor, 
praying  His  Excellency  to  extend  the  Royal  clemency  to  Robert  F. 
Gourlay,  by  granting  him  a  pardon. 

On  which  the  yeas  and  nays  were  taken  as  follows : 

Yeas  —  Messrs.  Aikman,  Attorney  General,  Boulton,  Burritt,  Corn- 
wall, Elliot,  Gamble,  Hotham,  Kearnes,  Lewis,  Malloch,  McDoncll 
of  Northumberland,  Ruttan,  Sherwood,  Solicitor  General  —  16. 

Nays  —  Messrs.  Alway,  Armstrong,  Burwell,  Caldwell,  Catreron 
Chisholm  of  Halton,  Cook,  Dunlop,  Matthewson,  McCargar,  McCrea, 
McDonell  of  Stormont,  Mcintosh,  McKay,  Merritt,   Moore,  Prince, 
Richardson,  Robinson,  Rykert,  Shade,  Shaver,  Thomson,  Thorburn, 
Wickens,  Woodruff — 26. 

The  question  of  amendment  was  decided  in  the  negative,  by  a 
majority  of  ten. 

i?i  amendment  —  Mr.  Solicitor  General,  seconded  by  Mr.  Robinson, 
moves,  that  all  after  the  word  "  moves"  be  struck  out,  and  the  follow- 
ing inserted  :  "  That  in  the  absence  of  any  application  by  the  Peti- 


ip, 


f-M 


612 

tioner  to  the  Lieutenant  Go^rernor,  for  the  exercise  of  the  RoyDJ 
prerogative  of  mercy,  and  considering  that  s  xh  prerogative  should 
be  freely  exercised  on  a  di.  .ut  application  of  the  Petitioner,  without 
making  any  use  of  any  hrar.ch  of  the  Legislature  as  an  intermediate 
channel,  it  is  therefore 'proper  that  the  Petitioner,  Robert  F.  ^^o^rlay, 
should  lay  his  case  before  the  Lieutenant  Governor,  prior  to  the  adop- 
tion of  any  proceedings  being  taken  on  his  p-.ition  by  this  House. 

On  which  the  yeas  and  nays  were  taken  an  follows  •  . 

Yeas  — Messrs.  Attorney  General,  Bockus,  Boulton,  Burntt,  Bur- 
well,  Cornwall,  Elliott,  Gamble,  Hotaam,  H'nter,  Kearnes,  Lewis, 
Malloch,  McDonell  of  Northumberland,  McKuy,  McLean,  Robiijson, 
Ruttan,  Shade,  Sherwood,  Solicitor  General  — 21.  ,,    ^.  .  ,    , 

JVav5  — Messrs.  Aikman,  Alway,  Armstrong,  Caldwell,  «^;hisholm 
ofHalton,  Cook,  Duolop,  Matthewson,  McCargar,  McCrei  lAcDonell 
//•  S^omcr^r,  Mcintosh,  Merritt,  Moore,  Prince,  Richardson,  Rykert, 
Shaver,  Thomson.  Thorburn,  Woodruff— 2L  • '      ,      .l. 

The  question  of    unendment  was  decided  in  the  negative,  by  the 

casting  vote  of  the  Speaker.  .    .  ,     ,t     tz 

In  amendment : —m.  Hotl-un,  seconded  by  Mr.  Kearnes,  rnov.3S, 
that,  after  the  word  "  moves"  it  th  onginai  motion,  the  whole  be 
expunged,  and  the  following  be  io.en.d-  "  That  whereas  the  ^w 
under  which  Robert  F.  Gourlay  w.^>.  (oavvcied  and  banished  from  this 
Province,  in  the  year  one  theasun.i  eight  hundred  and  nineteen,  has 
since  been  expunged  from  the  statute  book,  it  is  resolved  that  an 
humb'e  address  be  presented  to  his  Excellency  to  extend  the  Roya. 
clemei.:;y  to  the  said  Robert  F.  Gourlay,  upon  the  said  conviction,  by 
granting  him  an  unconditional  pardon." 

On  wh:*  h  the  yeas  and  nays  were  taken  as  follows : 
Yeas —  Messrs.  Attorney  General,  Bockus,  Boulton,  Burntt,  Corn- 
wall, Elliott,  Gamble,   Hotham,  Hunter,  Kearnes    Lewis,  Malloch, 
McDonell  of  NmthumberlaJid,  McLean,  Ruttan,   Shade,  Sherwood, 

Solicitor  General  — 18.  -n         n    r«  u      ii 

JVfflt/s  — Messrs.  Aikman,  Alway,  Armstrong,  Burwell,  Caldwell, 
Cameron,  Chisholm  ofHalton,  Cook,  Dunlop,  Mathewson,  McCargar, 
McCrea,  McDonell  0/  Stormont,  Mcintosh,  McKay,  Merritt,  Moore, 
Prince,  Richardson,  Robinson,  Rykert,  Shaver,  Thomson,  Thorburn, 
Woodruff— 25.  ,        ,  .       , 

The  question  of  amendment  was  decided  m  the  negative,  by  a  ma- 
jority of  s€ven.  1  r  II        . 

On  the  original  question,  the  yeas  and  nays  were  taken  as  follows . 

Yeas— Messrs.  Aikman,  Alway,  Armstrong,  Caldwell,  Cameron, 
Chisholm  o/HaZ/ow,  Cook,  Dunlop,  Mathewson,  McCargar,  McCrea, 
McDonell  of  Stormont,  Mcintosh,  McKay,  Merritt,  Moore,  Prince, 
Richardson,  Rykert,  Shaver,  Thomson,  Thorburn,  Woodruff— 23. 

iVaws— Messrs.  Attorney  General,  Bockus,  Boulton,  Burntt,  Bur^ 
well,  Cornwall,  Elliott,  Gamble,  Hofham,  Hunter,  Kearnes,  Lewis, 
Malloch,  McDonell  of  NorthumberL:Ui!.  McLean,  Robinson,  Ru:nn, 
Shade,  Sherwood,  Solicitor  General  — 20. 

The  question  was  carried  on  the  affirmative,  by  a  majonty  ot  three, 
and  the  report  adopted. 


63 

On  the  motion  of  Mr.  Thorburn,  seconded  by  Mr.  Woodruff, 
Ordered,  that  Messrs.  Chisholm  of  Halton,  and  Merritt,  be  a  Com- 
mittee to  draft  and  report  an  address  to  His  Excellency  the  Lieutenant 
Governor,  on  the  Report  of  the  select  Committee,  on  the  Petiiioa  of 
Sobert  F.  Gourlay,  as  adopted  by  the  House. 

Mr.  Merritt,  from  the  Committee  to  draft  an  address,  pursuant  to 
the  foregoing  Resolution,  reported  a  draft,  which  was  received  and 
TS ad  the  first  tintie,  and  ordered  for  a  second  reading  to-morrow. 


I 


May  4. 

Pursuant  to  the  order  of  the  day,  the  address  to  His  Excellency  the 
Lieutenant  Governor,  on  behalf  of  Robert  F.  Gourlay,  was  read  the 
third  time. 

On  the  question  for  passing  the  address. 

In  amendment,  Mr.  Prince,  moves  that  the  address  do  not  now  pass,, 
but  that  it  be  amended  by  striking  out  the  words  "  beg  leave  to  com- 
municate to  your  Excellency  a  copy  of  repori  of  a  select  Committee  of 
this  House,  upon  the  petition  of  Robert  F.  Gourlay,  which  has  been 
adopted  by  this  House,  and" 

Which  was  carried. 


May  6th. 
Pursuant  to  the  order  of  the  day,  the  address  to  His  Excellency  the 
Lieutenant  Governor,  on  behalf  of  Robert  F.  Gourlay,  was  read  the 
third  time  and  passed,  and  is  as  follows : 

To  his  Excellency  Sir  George  Arthur,  Knight  Commander  of  the 
Royal  Hanoverian  Guelphic  order,  Lieutenant  Governor  of  Upper 
Canada,  Major  General  commanding  her  Majesty^s  forces  therein, 
^c.  ^c.  ^c. 

May  it  please  youh  Excellency. 

We,  Her  Majesty's  dutiful  and  loyal  subjects,  the  Commons  of  Up- 
per Canada,  in  Provincial  Parliament  assembled,  humbly  request  that 
your  Excellency  will  be  pleased  to  exercise  the  Royal  prerogative  in 
annulling  the  sentence  of  the  law  passed  upon  Robert  F.  Gourlay, 
banishing  him  for  life;  so  enabling  him  to  make  his  permanent  domi- 
cile in  this  Province,  as  a  true  and  loyal  subject  of  Her  Majesty, 
should  he  think  fit  to  solicit  the  same. 

ALLAN  N.  McNAB,  Speaker. 

Commons  House  of  Assembly,  sixth  day  of  May,  1839. 


May  9th. 

Mr.  Merritt,  from  the  Committee  to  wait  on  His  Excellency  the 
Lieutenant  Governor  with  the  address  of  this  House,  on  behalf  of 
Robert  F.  Gourlay,  reported  delivering  the  same,  and  that  His  Excel- 
lency had  been  pleased  to  make  thereon  the  following  answer: 

Gentlemen  : — In  reply  to  this  address,  I  have  only  to  assure  you, 
that  any  npplication  from  Mr.  Gourlay,  for  the  exercise  in  his  favor  of 
the  Royai  prerogative  of  mercy,  will  receive  that  attention  which  is 
due  to  your  recommendation  of  him. 


54 


Boston,  July  10, 1843. 

Un<l«  paee  20,  and  date,  ''Mlanburgh,  February  4, 1639^'  it  appears,  that  I  was  invited  to  meet 
there? and,  there,  an  old  friend,  Major'  Seeord,  of  St  Davuls,  invited  me  to  visit  hi.n,  and  meet 
he  people  of  Niagara  Township  On  the  day  appointed  I  was  suddenly  struck  down  with  erysip- 
elas at  the  Maior'a  house,  and  could  m.t  rise  from  my  bed  tor  a  whole  month.  Wherever  have 
been  taken  ill,  in  Upper  Canada,  the  people  have  beenkmd.  On  this  occasion,  one,  thinking  1 
miRht  be  ill  wknt  of  money,  sent  me  dollars  ;  another,  wine,  and  so  on  ;  while  many  called  to^sym- 
natliise.  Mr.  Richsrd  Woodruff  was  one  of  these  ;  anil,  on  his  second  visit,  having  leurned  that 
he  was  a  member  of  the  legislature,  I  asked  if  he  would  present,  for  me,  a  memorial.  He  s'iid  it 
would  be  of  no  use,  in  the  present  House  ;  but  I  told  him  all  Houses  were  alike  to  me  |  that  1  was 
not  a  party  man ;  nor  was  mine  a  party  question.  A  week  afterwards,  hearing  that  he  had  gone 
off  to  his  post  in  parliament,  I  set  up  in  my  bed,  and  wrote  Die  above  memorial.  A  few  days  later, 
I  inclosed  it  for  him,  with  two  lines,  merely  saying  it  was  what  vve  had  spoken  of,  and,  some  days 
after,  wrote,  begging  him  to  present  it,  and  get  a  Committee  appointed.  Becoming  worse  X  made 
an  effort  to  write  once  more,  requesting  he  would  do,  what  he  had  to  do,  quickly.  In  fact,  1  was 
anxious,  for  the  sake  of  my  children,  that  proof  might  be  had,  before  my  death,  as  to  my  cruel 

*^  AUhe"ln'd  ofthe  month',  having  rallied,  and  the  weather  being  fine,  I  was  removed,  in  a  wagon, 
to  Queeiiston,  where  was  my  trunk,  &c.,  and  there  I  remained  several  weeks,  gradually  gaining 
strength  Having  heard  from  Mr.  Woodruff  that  a  Committee  was  appointed,  I  now  removed  to 
Niajrara'  where  I  felt  confident  that  Coinini.sioners  would  be  directed  by  the  House  of  Assembly, 
"  to  investigate,  on  the  spot,  all  the  circumstances  of  this  most  barbarous  affair,  as  well  as  to  xnqutre  into 
the  truth  of  ail  the  allegations.''' 


auesting  His  Excellency  to  tMc  the  prerogative  of  the  CVou-n,  to  enable  the  satd  Robert  i.  (raurlayto  re- 
«ttm  and  reside  in  this  Province,  if  he  deems  it  nec^ssan/,"— the  said  Robert,  having  felt  ii?suretl,m  the 
years  ie3&-7,  that,  had  he  deemed  it  necessan/,  he  could  have  taken  "  this  Province  from  His  Ex- 
cellency "  backed  bv  the  House  of  Assembly,  with  its  Speaker  commanding.  My  first  impulse,  on 
reading  the  incomprehensible  stupidity,  was,  to  write,  and  correct  errors  ;  but,  it  being  suggested, 
that  my  PARDON  might  be  gazetted,  if  I  did  not  make  haste,  I  lost  no  time  in  stepping  into  a  steam 
boat  for  Toronto.  Arrived  there,  I  wrote  the  memoTial,  below,  and  went  with  it  to  the  parliament 
hous'e  in  quest  of  Mr.  Woodruff.  He  was  in  high  spirits,  and,  before  I  could  hand  him  the  me- 
morial, narrated  how,  the  preceding  evening,  the  Report  was  debated,  for  seven  hours,  before  a 
Committee  of  the  Whole ;  that  Thorburn,  Chisholm,  and  others,  had  spoken  with  the  greatest  an- 
imation on  my  case ;  that  my  friends  had  borne  down  all  opposition  ;  and,  that  no  question,  during 
the  session,  had  caused  such  excitement.  I  thanked  Mr.  Woodruff  for  good  intentions,  but  in- 
formed him  of  the  woful  blundering,  and  gave  him  my  memorial  to  present,  that  I  might  be  called 
to  the  bar,  where.  I  said,  all  should  be  made  plain  in  ten  minutes.  He  was  lost,  and  proposed 
calling  out  Mr.  Thorburn,  who  had  been  cliief  manager.  Mr.  T.  forthwith  appeared,  and,  flushed 
with  many  victories,  commenced,  instantly,  to  detail  by  what  means  he  had  succeeded.  He  had 
compared  me  to  BillJohnson,  an  honor  which  I  protested  against.    '•  Oh,"  but  continued  he,  "  I 

compared  you  to ,"  naming  some  one  from  the  Bible^    I  assumed  him,  that^even  tliat^could  not 

better  "  "  "     "  '  "  ^  '       '"    ^'^  '" "     ""  * 

side, 
hand 
wrong 

letme  appear, ,  . 

you  have,  in  possession,  my  memorial.  It  is  your  duty,  at 
It  will  be  ajjroteit  against  injustice  •  i.-i  i..i.i'=i>'-<'  i«»k  ili. 
would  not 


all  events,  to  present  that.     Do  so,  and 
but  injustice  was  tlie  order  of  the  day,  and,  present  it  they 

Fooled  by  these  members 

■"     nine 

kguard- 

con- 

shall  be 


of 

months 

ini 

so 

exhibited 

Having  written  "  The  Monkry  Wah,"  I  employed  the  remainder  of  Saturday,  May  6,  in 
putting  under  cover,  for  each  of  the  assemblvmen,  a  copy  of  "  The  Banished  Bhiton,"  pniited 
at  Cleveland,  1836,  exhibiting  a  declaration  of  war,  on  tlie  first  page.  The  House  being  met  in  the 
evening,  I  ran  to  it  with  the  packets,  gave  them  to  one  of  the  messengers  for  delivery,  and  seated 
myself  in  the  gallery.  Presently  I  heard  my  name  mentioned  in  debate,  and  was  told  that  the 
House  was  passing  the  address  to  his  excellency,  in  my  favor  1  I  could  not  jump  on  the  floor  and 
take  the  blockheads  by  the  throat.  I  had  got  three  years  and  eight  months  imprisonment  in  Lon- 
don for  the  mildest  breach  of  privilege  ever  perpetrated;  so  I  sat  still:  went  home  and  cogita^d. 
Early  Mondav  morning,  I  wrote  the  petition  below;  went  to  the  House,  and  obtained  an  office 
copy  of  the  address,  f  next  laid  hold  of  an  old  friend,  Mr.  Elias  More,  M.  P.,  gave  him  the  petitionj 
and  begged  of  him  to  present  it,  as  soon  as  the  house  was  constituted.  In  half  an  hour  he  returned 
to  me,  handing  back  the  petition,  as  if  it  had  burned  his  fingers;  and  said,  all  my  friends  weri 
opposed  to  presenting  it.  It  was  no  use  to  explain  —  to  tell  him  that,  as  the  petition  was  mildly 
worded,  I  had  a  right  lo  have  it  presented.  Mr.  Elias  More,  a  Quaker,  was  immovable.  I  then 
tried  others  —  Mr.  Merritt,  Colonel  Chishidm,  Mr.  Cameron :  —  no,  not  one  would  hand  in  the 


Macnab  took  the 

iVc  iriir  pilr- 

returned  to 


protest  against  injustice  ;  so  I  left  it  in  the  hands  ot  the  last,  and,  before  Sir  Allan  Macii 
chair,  accosted  him.    ''  What,"'  said  I.  "  Sir  Aiian,  have  yuu  jiaascd  an  uddress  to  ha 
dmed!"    He  acknowledged  that  they  had.    "  Then,"'  continued  I,  "  remember,  that  I 
the  Province  with  this  stick  in  my  hand  ;  and,  if  you  do  outrage  common  Sense,  T  may  yet  knock 
you  down  with  it."  .         .         .       •       ,  .  .  „  j 

This  done,  I  ran  off  to  a  printing  office  ;  had  a  placard  printed  ;  posted  on  the  walls ;  and  a 


66 


copy  put  under  covei  for  His  Excellency  Sir  George  Arthur,  Lieut.   Governor,  which  I  doubt  not 
regulated  his  reply  to  the  Address,  assuring  ■'  that  any  application  from  Mr.  Gourlay  for  the  exert^ss, 
in  his  favor,  of  the  royal  prerogative  of  mercy,  will  receive  that  attention  which  is  due  to  your  reeomtne-n- 
dation  qf  him." — Asaes  all !  —  grossly  ignorant,  aiid  wilfully  unjust. 
Here  is  a  fac  simile  of  my  Protest. 


I- 


PROTEST! 


To  the  Honornhle  the.  Commons  of  XTpper  Canada, 
in  Provincial  Parliament  assembled  : 

The  Memorial  of  ROBERT  F.  GOURLAY 

Humbly  Sheweth : 

That,  after  remaining  at  Niagara  four  weeks, 
daily  expecting  to  be  visited  by  a  Committee  of 
your  Honorable  House,  prayed  for  in  his  Me- 
mori.-il  preiiented  last  February,  your  iMonwiri- 
nlist  received  and  read  a  Report  laid  before 
your  Honorable  House  relating  thereto,  and 
dated  25th  April,  lb39 ; 

That,  seeing  great  mistakes  in  the  said  Re- 
port, your  Memorialist  lost  no  time  in  comuig 
to  Toronto,  where  he  now  is,  in  order  U>  be 
heard  at  the  Bur  of  your  Honorable  1  louse, 
there  to  correct  mistakes ;  and,  otherwise  to 
speak  for  himself: 

He,  therefore,  entreats,  that  your  Honorable 
House  will  be  pleased  to  grant  him  such  oppor- 
tunity. 

And  he  will  ever  pray. 

ROBT  F.  GOURLAY. 

Edinhttrgh  Castle  Tavern, 
May  1, 18:39. 

N.  B.— iVo  Member  cotdd  be  got  to  present  these. 
No  Member  had  right  to  refuse. 

R.  F.  G. 


To  the  Honorable  the  Commons  of  XJpper  Canada, 
in  Parliament  assembled : 

The  Petition  of  ROBERT  F.  GOURLAY 

Humbly  Sheweth: 

That,  your  Petitioner  being  within  the  walls 
of  your  Honorable  House,  Inst  Saturday,  May 
4th,  1839,  learned  that  an  Address  to  the  Lieu- 
tenant Governor  was  then  and  there  read  re- 
lating to  your  Petitioner : 

That,  your  petitioner  did  not  know  what  was 
the  object  of  the  said  Address,  but  has  since 
heard,  that  it  was  lor  pardon  to  your  Petitioner; 
— an  object  which  he  now  protests  against,  in- 
asmuch as  he  never  sought  for  any  thing  of  the 
kind,  and  never  will. 

That,  your  Petitioner  would  consider  any 
offer  or  pardon,  clemency,  or  favor  from  the 
present  Lieutenant  Governor,  injurious  to  his 
interests,  and  derogatory  to  liis  honor ;  for  rea- 
sons which  he  would  be  happy  to  state ;  and 
which  would  at  once  do  justice  to  himself,  and 
to  his  Excellency: 

He,  therefore,  earnestly  entreats,  that  he  may 
be  permitted  to  appear  at  the  Bar  of  your  Hon- 
orible  House,  there,  personally,  to  state  hi* 
reasons  : 

And,  he  will  ever  pray. 

ROBT.  F.  GOURLAY. 
Edinburgh  Castle  Tavern, 
May  6,  1839. 


STRIKE,  BUT  HEAR! 


It  wns  no  use  to  say  one  word,  in  the  newspapers,  as  to  my  case.  All  the  newspapers  had  nm 
out  on  Ihe  wrong  scent,  and  taken  it  fcrr  granted,  thnt  eniire  justice  was  done  to  me.  As  a  spec- 
imen, I  shall  give  extracts  from  two,  diametrically  opposed  to  each  otlier  in  politics  ;  ''  The  Pat- 
riot "  and  "  THE  MiKROR." 

First,  extracted  from  "  THE  PATRIOT." 

ROBERT  GOURLAY. 

Our  House  of  Assembly  hove  addressed  his  Excellency  the  Lieutenant  Governor,  praying  that 
he  will  extend  the  Royal  Pardon  to  Mr.  Robert  Gourlay,  who,  it  will  be  recollected,  was  banished 
some  twenty  years  ago,  on  some  charge  of  seditinn,  or  inciting  to  sedition.  We  should  imagine 
there  can  be  no  hesitation  in  this  case,  tor  the  fault  of  Mr,  Gourlay  was  rather  of  the  heart.  Such 
an  act  of  clemency,  though  tardy,  will  prove  acceptable  to  the  whole  people  of  the  Province;  far 
more,  than  has  been,  the  pardoning  and  restoration  to  crime,  of  so  many  incorrigible  ruffians,  whose 
bond  was  blood,  plunder,  and  the  destruction  of  the  Government. 

Second,  frvm  "  THE  MIRROR." 

Toronto,  Friday,  May  3, 1S39. 

Mr.  Gourliiy  still  lives  ;  and  the  House  of  Assembly,  to  the  eternal  honor  of  a  majority  of  its 
members,  are  determined  to  extend  justice  lo  him.  His  case  wns  under  discussion  on  Tuesday 
last :  and  although  the  Atiorney  General,  Solicitor  General,  Mr.  Sherwood,  Sam  Slick,  and  some 
of  their  hangers-on,  used  every  effort  to  baffle  the  friends  of  this  untbrluimte  gentleman,  they  were 
defeated.  Their  defeat  was  owing  to  the  manly  conduct  of  Messrs  Thorburn.  Rykert,  Chisholm, 
McCoy,  Cook,  Shaver,  Meriitt,  the  gHllunl  Sjieaker,  Cameron,  Richardson,  and  Prince.  The  latter 
gentleman,  when  the  dork  and  foul  persecution  of  Mr.  Gourlay  was  laid  fairly  before  the  House, 
emphatically  declared,  that  it  would  require  the  tears  of  an  angel  to  blot  from  the  records  of  thi» 
Provmce  the  foul,  cruel,  and  uncoiistilulional  persecution  carried  on,  in  the  dark  days  of  Muhland, 
against  the  unfortunate  gentleman.  Several  ainendmonls  were  moved  in  order  to  "et  rid  of  the 
report  of  the  commiUee  ;  and,  on  the  division  on  one  of  lliein,  the  Speaker  had  the  high  honor  of 
iving  the  casting  vole  on  the  side  of  justice  and  humanity.  Tlie  Attorney  appeared  like  a  ship 
„oundering  in  a  heavy  sea  ;  and  when  all  hope  of  shielding  the  character  of  ^^  native  malignancy  " 
had  failed,  he  sunk  on  his  chair  as  pale  as  a  corp.se  ;  and,  n,s  we  then  thought,  his  last  dynig  words, 
v/hpu  hf  mmHri  up  one  of  his  eves  to  the  speaker,  we.e,  "  I  nm  deserted  by  my  friends." 

The  Solicitor  General,  like  hi's  leader,  displayed  great  ingenuity  upon  this  occusion.  He  coaxed  ; 
he  wheedled  ;  lie  implored,  and  he  menoccd  ;  and  when  lie   found  all  would  not  do,  and  that  the 


I 


m 


I    i 
3 


5G 


li 


unme  wni  nearly  up,  hit  nmiiiMo  ami  •mooth  featurei  put  at  in  niind  of  the  iu-  den  and  vanoui 
S,^  ot  an  expi  inK  .lolphin  n.  the  thii.1  degree  of  latitude  !  Hut,  when  "  th  la.t  hope  "  van- 
ffluchanRed  o  the  col.H  of  a  turkey-cock'*  head  upon  pretentlnR  to  it  a  red  handkerchief. 
a"  to  .sum  .S/Vr/t  uiul  the  Queen'.  Couniol,  who  are  men  of  l>,>nmn,  they  preserrcd  their  hnng-d,^ 
,,  lie  ;  l^k  ihroUKhout  the  combat  !  A.'a  la.t  eHor,  the  party  .ent  ft«r  Mr.  "n  r,  who  wa. 
en«nged  with  a  party  in  town  j  but  the   Hunter  could  not  pull  them  out  ot  the  h1     ;'h  of  de.- 

''"one  of 'the  .pcakeV«,  wo  think  the  Attorney  General,  .aid,  the  Lieut.  Governor  would  not  cornply 
with  tho  addrUi.  of  the  House.  I,.t  u.  .ee  if  he  will  cnuply  with  the  reque.t  o»  the  faction  m 
onpoiition  to  the  fair  and  honorable  decision  of  the  Hou.o  :  .m.  i._„i.„.  i„ 

Mr  Oourlny,  a  .Mroichmnn,  the  nio.t  talented  writer  on  lbl»  rom.nerrt,  caine  to  thi.  Province  in 
1817  Ho  K"vi  olfence  to  the  .Mnillond  administration,  ^  ^-.  .va?  -.  lered  by  two  '"C'l^Mve 
Councillors  to  leave  the  Province.  He  disobeyed  th-  n.an..„t,.,  nvvi  '^"*  "f.B^'V",'''-^''*"; 
NiuKarajMil.  Th.^e  he  remained  eight  monlhs,  w;-  u  <ie  wn^  v  nM^ned  a:  the  Ass  ze.  before 
ChielJuslKC  Powell,  not  for  high  or  petlv  trea.oii ;-  iioi  (or  .  outiiig  any  law  in  the  s  atule  b.mk  of 
Greal  Hnluin  ;  but  for  ,lisol«ying  the  order  of  two  Councillor. !  Upon  this  .hIious  charge  he  wa. 
convieled,  uM.i  Chief  Jusii.e  Roirinson  prayed  th<!  .u,';ment  of  the  court.  And,  m  coraphiince  with 
tie  beniKU  prayer  of  Robinson,  Chief  Justice  I'.weil  .enlencud  the  unlortun.Ue  gentleman  to 
baniHhmcnt ;  and,  In  .'Hse  of  his  relurn  to  this  Province,  he  wu»  to  be  executed  as  a  lelon!  Poor 
Mr  (Jourlav  was  ruined,  from  his  long  and  lonlh^  me  imprisonment ;  and  now,  whdst  verging  on 
the"brink  i.felernnv,  as  the  odious  act  has  been  sw,  |>t  from  our  statute  book,  he  appeals  to  our 
Represoniatives  for  redress.  Talk,  imleed,  of  Al«erine  cruelty  :  -  talk  of  the  on^rl  y  "<•  Nero,,a 
CaliKubi.or  a  nomilian  ;  or  the  liangm«,s,  the  floggings,  or  the  torturini-*  .  .  a  Cuii' ;c.l  md,  in 
Srt.lVand.  and  llu-v  were  not  more  cru.l  or  unjuslihable  than  the  persecimons  of  Mr.  Gourlay. 
Tho  words  of  the  tyrants  were  law  !  Tliev  cut  olf  the  object,  of  their  hate  ;  and,  they  somelmie*. 
not  often,  eounlermanded  their  order  for  i.SrIure,  or  death !  Bui,  in  this  case,  the  man  who  had 
commiited  no  olience  against  any  conMi-.MJjnal  law,  was  immured  in  a  loathsome  cell,  exiled  to  a 
foreiirn  laud  as  an  outcast  to  society,  ■  I  paved  of  his  means,  and  the  use  of  hi.  limbs ;  and  in  thl» 
state  of  lingering  torture  and  cruel  per.,  '•ulion  he  yet  survives!  We,  who  are  as  peaceable  nsa 
lamb  were  not  more  peaceable  than  Mr.  Gourlay  :  he  violated  no  law  :  he  cornmitted  no  crime 
that  we  could  hear  of;  yet  he  was  treated  worse  than  a  highwayman  !  To  such  an  extent  was 
persecution  carried  at  the  period  we  sp.:ak  of,  that  every  man  who  had  the  honesty  to  reprobao 
the  uncoiLstitniional  act,  or  expri<  ymyathy  for  the  stillerer,  was  marked  out  as  a  victim  by  tua 
tooU  of  power,  and  denounced  as  a  Gourlayite  and  a  traitor. 


REVIEW. 

Will  the  courtpona  render  oblige  me  by  reperusing  these  lust  eight  piiges ;  and  »<ny.  if  there  ever 
was  an  e.inul  poriion  o( absurditv  and  injustice  comlensed  in  like  bounds.  P.  e  allegations  ot  iny 
Memorial  are  pr<Tisc.  and  its  pVuver  simple,  -"  to  inrestii;ate  all  thf  nmmisl.nices,'  and,  tom- 
mdn  into  the  truth  r'  but  what  is  reported?- that  my  object  was  to  liiive  '-an  expression  of  the 
Ho,i.-!,ofAssf,nhlu"  relniive  to  my  "  fow/itrJ,"  and,  "  "«  crtain  judinal  proceedings,"— I,  desiring 
no  such  r.ri>r,'ssum ,  lu.lding  iny  conduct  unassailable  ;  and,  pronouncing  the  ;udmal  proceedings 
"i7/<!fa/,  uncunstitutionaJ,  and  vithoul  excuse;     which  the    present   Legulative   Assembly  has 

"^^"on 'this  monsti-ous  Report,  a  debate  ensues,  and  seven  hours  are  wasted  by  v\y  zealous  advo- 
cate TlDrburn,  maintaining  hi»  positions  against  all  deadly.  The  whole  House  is  for  pardonuig 
Robert  F.  Ooinlav.  a  coii.*ummation  which  my  enemies  in  the  ministry  must  have  devoutly 
desired,  while  I  sued  for  redress  against  false  imprisonment,  and  barbarous  treatment !  1  his  ■  -s 
the  ArxioN  of  April  -.Jltlh.  Next  conies  that  of  May  Uh,  when  Coloii.'l  Prince  moves  that  ■  inr 
Address  do  uot  jmss,  h,U  that  it  be  amended  by  striking  out  the  words.  '  beg  leave  to  communicate  to 
vour  Kxcelleiicva  coin"  of  a  Report  of  a  select  Committee  ot  this  House,  upon  the  P^'nion  ot 
Robert  F.  Gourlav  which  has  been  adopted  bv  this  House,  and '  —wliieh  lias  'nied."  Now,  tms 
ACTION  undid  the  whole  of  mv  gallant  friend  Thorb'Mi's  viotories;  whose  ift  lu  bringing  the 
Report  before  a  Con.mittee  of  the  WhoLe  was.  to  ha.  '.n  expv  sion  of  th  ■  hole  on  my  con- 
duct in  the  v.nirs  1817  -  IS,  and  10;  and,  that  expre.ssio.i  i  ..nveycu  in  in  I  to  .  ,.s  Kxcelleii  -all 
the  Kxc.'lleiicio.s  since  the  vears  above  mentioned  having  been  hood-wmked,  and  grossly  deoeivea 
hvihe  crnftv  crew  then  iii  power,  who  atlerwnrds  were  known  as  -The  famii.v  comi'act, 
which  o<nnpact  was  ii,>w  on  its  lust  legs.  The  object  had  rot  my  credit  only  in  view,  but  that  ot 
all  surviving  Gourbiviles.— Colonel  Chisholm,  a  .Member  -  \\  •■  Convention  of  -il8,  at  the  lieo-  of 
them.  After  mv  ruiii  in  Niaunira  .(ail,  not  one  of  my  friends  had,  lill  this  time  i;;ired  to  lift  up  1  .3 
head  while  the' greater  part'  had  cried,  peccai-i.  Nov/  appeared  the  day  of  salvation  (or  all,  by^ 
these  ven-  words  struck  out  by  Colonel  Prince,  being  carried  before  His  Excellency,  ana  so  to  the 
foot  of  the  throne.  Alns !  where  was  mv  trustv  and  gallant  friend  and  advocate  r  i  ^rL>urn,  on  tiie 
fatal  evening  of  Saturday,  Mnv  fourth?— Gone,  with  the  other  two  member.-  of  Committee, 
Woodruff  and  McMicking,  to  Niagara  District,  there  to  wind  up  the-  family  Hocks,  altogettier 
without  suspicion  that  eitlier  ai  i  ident  t'r  design  could  undo  any  of  the 
near  a  close.  Alns.  frail  and  unforluimte  men!  Not  only  did  Colonc 
talhi.  being  lalelv  come  to  iho  Province,  and  perhaps  equally  unacquai 
of  tlie  olden  dav.'  and  the  present  prowe.-.^  of  my  friends,  coming,  thoug. 

only  did  he  undo  all  the  victories  of  April  -JiHh  ;  but,  in  the  absence  of '1      -   .,  .— 

ney  (ioneral.  thonsrht  ••  d-m^  '  and  "  deseitid.-  designedly  took  an  untair  advantage  •!  this  absence, 
in  a  matter  of  mitrhtv  pntiiic  moment.  For  years  there  had  been  a  struggle,  in  the  Assembly,  to 
have  the  Clerey  Reserves  appropriated  to  other  purposes  than  those  of  the  Church  o^  bnglana, 
and  friends  ofThe  doinuumt  Churcii  liad  !)Ben  ijeateis.  Ua  iiiis  occasion,  tnc  Attorney  ucn^ru:,  .fy 
an  unexpected  movenieiit,  had  oil  changed,  and  the  Reserves  again  given  back  to  the  Church. 
This  rjone,  the  sc-sion  was  closed. 


.rk 

c 

.  w 

le  i^ 
'fhnrn  .\ 


session,  now 
ibably  acciden- 
>  machinations 
rescue  :) —  not 
Co.,  the  Altor- 


THE 


HEIPTWIfE     M. 


Canada,   in   Parliament 


No.  6. 


To  the  Honorable  the   Commons  cf 

assembled 

The  petition  of  Robert  F.  Gourlay  : 

Humbly  Sheweth :  —  That  your  Petitioner  had  a  memorial  pre- 
sented to  and  received  by  the  Commons  House  of  Assembly,  Upper 
Canada,  1836,  of  which  the  following  is  copy :  -^  (Here  was  inserted 
the  Memorial,  above  printed,  page  41.) 

That,  three  years  after  the  above  Memorial  was  written  and  recei- 
ved by  the   Parliament  of  Upper  Canada,  another,  of  which  the 
foUowinn;  is  copy,  was  written  by  him   nresented  and  received. 
(JF/e/e  was  inserted  the  MEMORIi^       hove  printed,  2)age  49.) 

That,  your  Petitioner  never,  for  a  moment,  imagining  that  this 
memorial  could  be  misunderstood ;  and,  learning  that  it  was  referred 
to  a  select  C'unmiliee,  doubted  not  that  the  prayer  would  be  granted. 
He,  therefore  took  up  his  residence  at  Niagara ;  and,  day  after  day, 
durmg  four  weeks,  expected  Commissioners  would  appear,  there,  on 
the  S|,  ot,  'to  investigate  the  circumstances,  and  inrjuire  into  the  truth  of 
all  the  allegations'  Instead  of  this,  what  was  his  astonishment  on 
reading  the  Ct-Tiii  ittee's  Report,  as  follows: 

{Here  wus  inserted  the  Report  printed  ahove,  page  50.) 

That,  v(  >•  Petitioner  seeing,  in  this  tissue  of  incomprehensible 
blunder]  'le  v«^ry  wrong  confirmed  which  it  was  his  object  to  have 
redresS'  ,  hastr*  I  to  '  oronto,  there  to  correct  mistakes  ;  but  oppor- 
tunity for  'lis  lenied  jim,  as  will  best  appear  from  the  follow- 
ing copy  of  a  prini(;d  '  1  which  he  caused  to  be  posted  on  the  city 
walls. 

[HtiewoA  inserted  the  Protest, pri7ited  above, page  55.) 

That,  your  Petitioner,  finally  to  make  record  of  the  whole,  had 
printed  and  pubhshed  together,  memorials,  the  proceec^  "gs  of 
the  Couanons  House  thereon,  and  tli  posting  bill,  along  with  artir^w 
declaring  his  opinions  and  maintaihii  g  his  rights,  as  a  British  xu- 
ject,  i     Upper  Canada,  —  a  copy  of  which  is  hereunto  appended.* 

He  now  most  earnestly  entreats  that  all  may  be  seriously  consid- 
ered by  your  Honorable  Houso  ;  and,  !  ■  anxiously  hopes  that  the 
wisdom  of  United  Canada  may  do  h'^n  iji  it  justice  v  liich  has  been 
so  long  and  so  cruelly  (^  nied.      And  iie  will  evor  prav 

ROBER  C.OURLAY. 

Kingston,  July  27,  j841. 


I* 


ii' 


fif 


*  "  Banishbd  Briton,"  ^  tin 

8 


it  Buffalo,  Septm.   >;  1839. 


66 


OFFICE  COPIES. 

Legislative  Assembly,  Monday,  25  August,  1841. 
Ordered,  That  the  pptition  of  R.  F.  Gourlay,  Esq.,  presented  to 
the  House  on  the  twenty- eighth  day  of  July  last,  be  referred  to  a 
committee,  composed  of 

Messrs.  Dunlop, 

ViGER, 

Neilson,  and 
•«*«»#i»  Steele, 
to  examine  the  contents  thereof,  and  to  r<-^ort  thereon,  with  all  con- 
venient speed,  with  power  to  send  for  \   isons,  papers,  and  records. 

Report  of  select  committee,  to  whom  was  referred  the  Petition  of 
Robert  F.  Gourlay,  Esquire,  have  the  honor  to  report. 

Your  Committee  having  investigated  the  petition,  and  examined 
witnesses  in  relation  to  the  &..me,  and  procured  affidavits  from  per- 
sons cognizant  of  the  matters  and  allegations  contained  therein,  find 
the  following  facts  to  be  fully  proven. 

The  petitioner,  Blr.  Gourlay,  first  visited  Canada  in  the  year  1817, 
where  he  had  acquired  property  by  marriage,  and  also  by  purchase  ; 
and  commenced  Statistical  inquiries  into  the  capabilities  of  the 
Province :  in  the  course  of  which  he  became  aware  of  the  existence 
of  various  abuses.  He  then  proposed  that  a  Commission  should  be 
appointed  to  proceed  to  Great  Britain,  .o  have  these  abuses  rectified; 
and  held  pubUc  meetings  for  that  purpose,  accounts  of  the  proceed- 
ings at  which  were  published  in  a  pamphlet,  which  wab  generally 
approved  of  by  the  people  of  the  Province  ;  but,  by  those  in  power, 
was  considered  as  having  a  seditious  tendency ;  and  In;  was  there- 
fore arrested,  and  put  upon  his  trial,  for  sedition,  at  Kingston,  but, 
being  acquitted,  he  was  again  tried  at  Brockville,  with,  however,  a 
similar  result. 

He  then  had  to  proceed  to  New  York,  on  business,  and,  On  his 
return,  was  imprisoned  in  the  gaol  at  Niagara,  where  ill  treatment, 
in  being  confined  in  a  cell  for  five  weeks,  in  the  dog  days,—  debarred 
from  the  sight  of  or  communication  with  his  friends,  his  counsel,  or 
the  Magistrates  of  the  District,— threw  both  his  body  and  mind  into 
such  a  state  as  to  render  him  totally  unfit  to  defend  himself  upon  his 
trial,  or  even  to  comprehend  his  arraignment.  The  result  of  the  trial 
was,  that  he  was  banished  from  the  Province  for  life,  under  pain  of 
death  should  he  return,  his  alleged  crime  being  that  he  neglected  to 
quit  the  country  upon  the  order  of  a  single  Magistrate,  (two 
legislative  Councillors,)  acting  under  an  unjust  construction  of  an 
unc^nstitutional  statute,  most  illegally  exercised 

Your  committee  do  not  think  it  necessary  to  comment  on  such 

proceedings.  ,  •     v  j- 

From  the  evidence  adduced,  which  will  be  found  in  the  appendix 
tu  this  Report,  your  committee  are  oi  opinion,  xnai  mt-  aricss,  ana 
imprisonment  of  the  petitioner  in  Niagara,  in  1819,  was  illegal, 
unconstitutional,  and  without  the  possibility  of  excuse  or  pa'   ation. 


69 


That,  debarring  him'from  an  interv  lew  with  his  friends  or  his  counsel, 
was  also  illegal,  unjust,  and  unconstitutional.  That,  preventing 
magistrates  of  a  County  or  District  from  visiting  the  gaol  of  that 
county  or  district,  is  a  violation  of  all  propriety;  and,  if  persisted  in, 
would  lead  to  the  most  perpicious  consequences. 

Your  committee  are  further  of  opinion,  that  his  trial  and  sentence, 
when  in  a  state  of  bodily  and  mental  weakness,  from  the  sufferings 
which  he  had  undergone,  which  prevented  him  from  defending  him- 
self,  vas  unjust,  unconstitutional,  and  cruel. 

Your  committee  cannot  but  express  a  hope  that  your  Honorable 
House  will  do  the  petitioner  that  justice  which  has  been  so  long 
denied  him,  and  pass  an  Address  to  His  Excellency  the  Governor 
General,  declaratory  of  the  above  opinions,  in  order  that  the  Crown 
may  repudiate  the  transactions  by  which  the  petitioner  has  been  perse- 
cuted, to  his  ruin,  and  that  the  Legislature  may  declare  his  sentence 
of  banishment  null  and  void,  and  cause  him  to  be  compensated  for 
the  losses  he  has  sustained,  by  the  unwarrantable  exercise  of 
authority.  In  the  mean  time,  that  some  allowance  be  made  to  him 
to  defray  his  personal  expenses,  while  in  attendance  before  the 
Legislature  defending  the  fights  of  a  British  subject. 

Your  committee  are  in  possession  of  proofs,  that  during  the  late 
rebellion,  when  the  petitioner  was  resident  in  the  United  States,  his 
Excellency  Sir  Francis  Bond  Head,  then  Lieutenant  Governor  of 
Upper  Canada,  derived  from  him  the  most  important  intelligence  of 
the  movements  of  the  brigands  then  organizing  for  an  attack  on  the 
province.  This,  your  committee  humbly  suggest,  should  neither  be 
overlooked  nor  forgotten.     All  which  is  respectfully  submitted. 

W.  DUNLOP. 
0iairinan. 

Kingston,  Sept.  11th,  1841. 


Evidence  of  William  H.  Merritt,  Esq.,  M.  P.  P. 

Were  you  resident  in  the  ^District  of  Niagara,  during  Mr.  Gour- 
lay's  stay  there,  in  the  years  1817,  1818,  and  1819  ?     I  was. 

Was  his  conduct  in  that  District  generally  approved  of?  It 
was  so. 

Do  you  remember  the  meetings  held  in"  that  District,  —  first,  to 
answer  certain  statistical  queries  put  by  him,  and  afterwards,  for 
inquiry  into  the  state  of  the  Provice  ?     I  do. 

Did  you  conceive  that  any  possible  evil  could  result  from  those 
meetings  ? 

I  did  not;  on  the  contrary,  I  think  they  were  convened  with  the 
best  and  most  laudable  of  motives. 

What  was  your  impression,  on  the  whole,  of  the  treatment  Mr. 
Gourlay  underwent  ?  , 

I  was,  and  still  am  of  opinion,  that  he  was  treated,  throughout, 
with  the  greatest  cruelty  and  injustice. 


.i; 


60 

Evidence  of  David  Thompson,  Esq.,'  M.  P.  P. 

Were  you  present  at  the  trial  of  Mr.  Gounay,  at  Kingston,  in 
August,  1818?     I  was. 

Did  you  perceive,  in  his  conduct  on  that  occasion,  any  thing  weak 
or  incoherent? 

No ;  I  did  not.  He  made  an  excellent  defence,  and  was  after- 
wards entertained  at  a  public  dinner,  at  which  I  was  present. 

Were  you  present  at  his  trial  at  Niagara,  in  Aug'v.;t,  1 8 19  ?     T  was. 

Was  his  conduct,  on  that  occasion,  what  you  were  given  to  ex- 
pect?    No. 

Did  he  appear,  on  that  occasion,  in  the  full  possession  of  his  fac- 
ulties ;  or,  was  not  rather  his  speech  incoherent,  and  his  appearance 
that  of  one  not  in  self-possession  ? 

He  did  not  appear  in  full  possession  of  his  faculties ;  and  seemed 
not  to  know  where  he  was,  or  what  he  was  doing,  —  appearing  to 
be  in  a  great  measure  unconscious  of  what  was  going  on  around 
him. 

What  did  you  suppose  to  be  the  cause  of  the  stupefaction  you 
describe  ?     I  think  it  was  from' long  and  close  confinement 

Did  you  reside  in  the  Niagara  District,  in  the  years  1817,  1818, 
and  1819?     I  did. 

Do  you  remember  certain  meetings  held  at  that  time  in  the  Dis- 
trict of  Niagara,  at  Mr.  Gourlay's  suggestion  ?  I  do ;  I  was '  chair- 
man of  one  of  them. 

What  was  the  nature  of  these  meetings  ?  For  the  purpose  of 
gathering  statistical  information. 

What  was  the  general  opinion  of  Mr.  Gourlay's  character  and 
conduct,  in  that  District  ? 

It  was  favorable.  I  considered  him  loyal,  and  his  conduct  con- 
stitutional and  honorable ;  and  so  thought  nearly  all  the  inhabitants 
of  the  District,  except  a  small  party  that  I  considered  interested  in 
thwarting  his  plans. 

Evidence  of  David  Thortiurn,  Esq.,  M.  P.  P. 

Were  you  present  at  the  trial  of  Mr.  Gourlay,  at  Niagara,  in  r^J 
1819?     I  was. 

Was  his  conduct,  on  that  occasion,  what  you  were  given  to  ex- 
pect?    No.  .  r  !-•    r 

Did  he  appear,  on  that  occasion,  in  the  full  possession  of  his  fac- 
ulties ;  or,  was  not  rather  his  speech  incoherent,  and  his  appearance 
that  of  one  not  in  self-possession? 

His  sppech  was  quite  incoherent,  and  he  looked  v-ild,  and  seemed 
indifTerent  to  what  was  going  on. 

What  do  you  suppose  caused  this? 

Coming  from  a  close  cell,  in  hot  weather,  where  he  had  been  con- 
fined for  weeks,  into  the  sunshine  aiui  free  air. 

Did  you  reside  in  Niagara  Distric'  in  1817,  1818,  and  1819?  I 
did. 


ii't 


t'  •I'' 


61 

Do  you  remember  certain  meetings  '  eld  at  that  time  in  the  Dis- 
trict of  Niagara,  at  the  suggestion  of  Mr.  Gonrlay  ?     I  do. 

What  was  the  nature  of  those  meetings  ? 

To  gather  statistical  information,  as  to  the  state  and  capabilities 
of  the  Province. 

.  What  was  the  general  opinion  of  Mr.  Gourlay's  character  and 
conduct,  in  that  District  ?  That  his  objects  were  laudable,  and  his 
conduct  not  inconsistent  with  the  object  in  view. 

Resolution  of  Legislative  Assembly.  , 

Resolved,  as  the  opinion  of  this  House,  that  an  humble  Address 
be  presented  to  His  Excellency  the  Governor  General,  communi- 
catmg  a  copy  of  the  Report  of  the  Select  Committee  of  this  House, 
on  the  case  of  Robert  F.  Gourlay,  Esquire,  and  praying  that  meas- 
ures may  be  taken  for  carrying  the  recommendations  therein  con- 
tained, into  effect. 


Extracts  from  Newspapers. 


HOUSE   OF  ASSEMBLY. 

Saturday,  September  11. 

Dr.  DuNLOp  brought  up  the  Report  of  the  Committee  appointed  to  exam- 
ine the  Petition  of  Robert  Gourlay,  Esq.  The  Report  confirmed  the  prayer 
of  the  Petition,  and  spoke  of  the  persecutions  that  the  Petitioner  had  endured 
in  strong  language.  Several  members  of  the  House  gave  testimony  in  favor 
of  Mr.  Gourlay. 

Mr.  Cartwright  thought  the  Petition  and  Report  out  of  order,  and  that 
they  coMld  not  be  sustained  by  the  House. 

Mr.  Simpson  said  Mr.  Gourlay  had  been  treated  and  persecuted  as  an 
Alien,  though  every  body  knew  he  was  a  Scotsman  —  such  a  thing  was 
unheard  of. 

Capt.  Steele  thought  the  persecution  of  Mr.  Gourlay  had  been  most 
unjust,  and  if  he  had  done  nothing  else  to  entitle  him  to  the  gratitude  of  this 
country,  his  letter  in  his  reply  to  McKenzie,  and  his  conduct  during  the 
Navy  Island  affair,  entitle  him  to  the  consideration  he  laid  claim  to. 

Mr.  HiNCKS  thought  that  Her  Majesty's  Ministers  might  very  well  spare 
a  portion  of  the  pension  Jist  of  £5,000  which  had  been  gianted. 

Sir  Allan  Macnab  thought  the  whole  proceeding  irregular  and  unconsti- 
tutional. He  had  heard  of  the  sufferings  of  Mr.  G.,  which  he  regretted  as 
much  as  any  man  :  he  thought  however,  that  the  Report  should  be  brought 
up  before  a  Committee  of  the  whole  House. 

The  Report  was  adopted. — Chronicle  ^  Gazette,  and  other  papers. 


MR.  GOURLAY. 

Last  Saturday,  a  Select  Committee  of  the  Legislative  Assembly,  consisting 
of  Dr.  Dunlop,  the  Hon.  John  Neilson,  and  Captain  Steele,  with  a  French 
and  English  lawyer.  Messrs.  Viger  and  Price,  reported  on  the  case  of  thii 
much  injured  indiviujal. 

.  Tiie  Report,  which  will  be  found  below,  needs  no  addition  from  us,  being 
at  once  perspicuous,  comprehensive,  and  trumpet-tongued.  it  will  go  down 
to  posterity  as  the  best  commentary  on  compact  govemment.    Wi:h  this 


62 


I 


H- 


4!. 


ti 


Report  before  him,  the  future  historian  of  Canada  will  make  marvel,  npt  that 
an  ignorant  people  rebelled,  but  that  they  so  long  quietly  submitted  to 
outrages  against  law,  docenc^,  and  common  sense.  He  will  drop  a  tear  over 
?he  fafe  oflount  and  Mathews,  Moreau,  and  Von  Shoultz  while  his  blood 
freezes  within  him  to  think  that  a  human  being  existed,  who,  callous  to 
feelins  could  confirm  a  hard  sentence,  and,  unmoved  by  the  cries  for  mercy, 
from  thirty  thousand  of  his  fellow-subjects,  could  consign  to  an  ignominious 
deSi  the  companions  of  his  youth,  who  were  unquestionably  Wt  and 
S?rve.--Aye,  and  that  this  man  was  not  only  the  accuser  of  Gourlay,  at 
Kingston  Ink  Brockville  ;  but,  after  two  honorable  acquittals,  could  have  he 
kudfcity  to  stand  up  to  revile  and  condemn  him  feeble  and  distracted  in  the 
S  ancft^ourt  House  at  Niagara ! ! !  Compared  to  such  a  man,  William  L^ 
Mackenzie  is  an  angel.  But  these  are  the  ways  of  an  all-wise  God,  who 
maketh  Ae  wrath  of  man  to  praise  him.  Let  us,  therefore,  be  submissive, 
Td  trust  that  -ood  will  yet  come  out  of  evil  ;-that  Canada  will  yet  be  happy, 
glorious,  and  free.— .K^mgi/on  Herald,  and  other  papers. 


HOUSE  OF  ASSEMBLY, 

MR.    GOURLAY. 

Thursday,  September  16. 
Dr  Dunlop  brought  up  the  case  of  Mr.  Gourlay.    He  said  that  having 
eone  so  fully  into  the  facts  of  Mr.  Gourlay's  case  on  a  former  occasion,  he 
Eld  not  now  go  -;er  the  game  ground.     He  would  only  briefly  recapit- 
ulate  what  he  hfd  before  stated  at  length.     He  then  went  over  he  facts  as 
stated  in  the  report  before  the   House  in  a  condensed  form.     It  veas  now 
necessary  to  answer  some  of  the  objections  that,  on  a  former  occasion,  had 
been  urged  against  his  arguments.     It  had  been  stated  that  the  banishment 
of  Mr.  Gourlly  was  legal,  inasmuch  as  a  law  existed  under  which  he  was 
prosecuted      He  denied  the  legality  upon  two  distinct  and  separate  grounds . 
Tn  the  first  place,  he  denied  tht  power  of  any  Body  on  the  face  of  the  earth, 
whether  King,  L^rds,  and  Commons  of  Great  :Britain,  or  the  Governor  Co.mcil, 
Tnd  A^sembFy  of  Canada,  to  enact  a  law  by  which  a  Briti.h  subject,  unoon- 
v"cted  or  uncharged  with  any  crime,  could  be  debarred  from  gomg  to  or 
residing  in  any  portion  of  the  British  dominions  ;  but,  supposing  such  a  law 
could  be  made,  in  Mr.  Gourlay's  case  it  was  most  d  egatlv  exercised.     The 
Lw  referSd  to,  (an  Act  of  1804,  of  the    Provincial   Parliament  of  Upper 
Canada,)  provided  that  a  British  subject,  who  had  not  been  an  inhabitant  of 
the  Pro;  nee  for  six  months,  might  be  expelled  as  Mr.  Gourlay  was  ;  but,  it 
was  in  evidence  before  the' Committee,  and  indeed  notorious  to  the  whole 
Province,  that  Mr.  Gourlay  was  an  inhabitant,  more  than  two  years   of  the 
plovince!     How  was  this  objection  to  be  got  over?    Why,  by  a  most  lawyer- 
like  and  quibbling  construction  as  to  the  meamng  of  habitancy.     1  he  judge 
informed'he  astonished  jury,  that,  to  constitute  habitancy,  a  man  must  possess 
a  dwXng  of  his  own  j-lliving  in  the  house  of  another  could  not  make  a  man 
an  inhabhpnt.      Now     let   us  consider  the   effect   of  this  beautiful  legal 
sJbtleJv     A   child   is  born  in  Canada:  he  lives  for  a  certain  number  of 
years  in  his  father's  house  :  he  then  goes  into  service,  or,  at  any  rate,  he  lives 
fn  the  house  of  another,  where  he  may  live   till   the  age  cf  threescore  and 
ten,  and  die  at  a  good  old  age,  without  ever  hay  ng  been  an  jnhabaan    of 
Canada,  or  of  any  other  country,  or  of  this  world  itself.     He    0^;^  pU  J^ 
been  accused  of  having  made  use  of  strong  language,  in  the  'eport^o^f^the 
.committee.     He  acknowledged  liavi  ij^  diawn  up  taai  '''^'''!''}^^'^  ^ 
draw  it  ov.^r  again  he  would  not  soften  a  word  of  it.     What  language,  he 
would  wish  to  know,  was  too  strong  to  denounce  ^jranny  and  oppression  ;- 
what  language  too  strong  to  stigmatize  cruelty  and  injustice  ?     None,  thank 


63 

God,  that  a  Briton  knew.  He  now  came  forward  to  call  upon  the  sense  of 
honor  of  that  House  to  do,  as  far  as  they  could  do,  justice  to  a  much  injured 
individual :  compensation  he  did  not  d&k  for,  for  Uie  very  simple  reason  that 
the  House  had  it  not  in  its  power  to  bestow  compensation.  What  could 
compensate  a  man  for  twenty-two  years  of  complicated  misery,  for  iniprison- 
ment,  for  legal  infamy,  for  ruined  health,  and  for  a  shattered  constitution  ? 
Had  this  House  voted  to  Mr.  Gourlay  the  enormous  sums  which  they  had 
TOted  away  within  the  last  fortnight,  it  would  be  no  compensation  io  him  for 
what  he  has  suffered,  for  who  would  endure  his  sufferings  for  any  thing  that 
tiie  world  has  to  bestow  1  He  hoped  that  the  House  would  not  lose  a  moment 
in  wiping  away,  as  far  as  they  could,  the  foul  stain  that  had  been  put  on  -the 
name  of  a  British  Colony,  as  far  as  tneir  reprobation  of  all  the  acts  of  unpar- 
alleled injustice  under  which  he  (Mr.  Gourlay)  had  suffered.  Till  that  was 
done,  Mr.  Gourlay  only  held  his  life  until  further  orders.  He  sat  now  at  the 
bar  of  the  House,  and  according  to  the  dicta  of  the  defenders  of  the  Govern- 
ment, the  Governor  General  might  legally,  and  he  hoped  the  defenders  of 
the  measure  would  add  constitutionally,  order  the  sheriff  of  Kingston  to  drag. 
him  from  his  seat,  and  hang  liim  on  the  lamp-post  at  your  gate  without 
lurther  form  or  process.  He  would  not  insult  the  House  by  supposing,  for  a 
moment,  that  they,  collectively,  or  any  individual  of  them,  would  oppose  the 
motion  he  was  now  about  to  put. 

The  following  motion  was  then  submitted : 

Resolved :  That  an  humble  Address  be  presented  to  His  Excellency,  the 
Governor  General,  communicating  a  copy  of  the  report  of  a  select  Commit- 
tee of  the  House,  on  the  case  of  Robert  Gourlay,  Esq.,  and  praying  that 
measures  may  be  taken  for  carrying  the  recommendations  contained  therein 
into  effect. 

Seconded  by  Mr.  Aylwin,  and  carried  unanimously. — Chronicle  ^  Gazette, 
and  other  papers. 

■    N.  B.     Confirmed,  next  day,  by  the  signature  of  Lord  Sydenham. 


CORRESPONDENCE 


j^o_  1,  Kingston,  October  11,  1841. 

Sib  :  Three  years  and  three  months  ago,  T  came  lo  Canada  —  my  chief  object 
being  to  seek  redress  from  the  legislature  tor  maltreatment  in  1819  j  but,  till 
the  late  session  of  Parliament,  obtained  no  satisfaction  On  Ihe  last  day  of 
the  session,  an  address  in  my  favor,  unanimously  voted  by  the  assembly, 
was  carried  up  to  the  Governor  General,  and  acknowledged  by  his  Excel- 
lency. May  I  now  request  to  know  what  I  have  to  expect  from  the  Exec- 
utive ?  This  question  I  should  have  put  sooner,  but  for  the  melancholy  death 
of  Lord  Sydenham  ;  and,  when  I  say,  that  I  am  anxious  to  join  my  family  in 
Scotland,  from  whom  I  have  been  separated  twenty-four  years,  because  of 
wrongs  in  Canada,  your  Excellency  will  not,  I  hope,  prolong  that  period,  by 
unnecessary  delay,  at  this  stage  of  my  business. 

I  have  the  honor  to  be,  your  obedient  servant,   • 

ROBERT  F.  GOURLAY. 


Sir  Richard  Jackson. 

N  B.  —  A  letter  will  find  me  L.rough  the  Post  Ofhce. 


n„i 


ia»i 


R    F    G 


64    . 

j^o  2,  GovaRN-MBNT  HousE,  October  14,  1841. 

Sir-  lam  commanded  by  the  Administrator  of  the  Government,  to  ao- 
knowledire  the  receipt  of  your  letter  of  the  Uth  instant,  requeaUng  to  be 
informed  of  the  decision  of  the  Executive  Government  m  yo"' c«we,  which 
was  brought  under  the  notice  of  the  late  Lord  Sydenham,  by  Address  from 
the  House  of  .Assembly.  In  answer,  Sir  Richard  Jackson  desires  me  to  say 
that,  as  he  is  only  in  the  temporary  administration  of  the  government,  and  the 
successor  .of  Lord  Sydenham  may  be  very  shortly  expected ;  and,  as  the 
House  of  Assembly  did  not,  in  their  address,  pomt  out  the  specihc  nature  ot 
tne  redress  to  which  they  considered  you  entitled—  His  Excellency  would 
not  feel  justified  in  now  entering  on  the  consideration  of  so  long  standing  a 
question.  It  must  remajn  for  the  decision  of  the  new  Governor  General,  to 
whom  the  address  of  the  Assembly  will  be  submitted  on  his  arrival. 
I  have  the  honor -to  be.  Sir,  your  most  obedient  aumble  servant, 

Robert  F.  Gourlav,  Esq.        __^__  T.  W.  C.  MURbOCH. 

No.  3.  .  ,  •       f       1   • 

'     Sir  :  Being  from  home  last  week,  I  have,  now  only,  opportunity  of  replying 

to  your  letter  of  the  Uth  inst.  .     ,    ,   ,     ^  r>  i 

As  there  seems  necessity  for  awaiting  the  arrival  of  the  Governor  General 
for  a  full  settlement  of  my  business,  nothing  more  need  be  said  of  that ;  ■-■ 
but  I  may  call  attention  to  a  clause  in  the  Report,  which  perhaps  you  have 
overlooked  —  namely,  '  In  the  mean  time,  that  some  allowance  be  made  to 
him  to  defray  his  personal  expenses  while  in  attendance  before  the  Legisla- 
ture defending  the  rights  of  a  British  subject.'  — This,  I  presume,  your 
Excellency  may  readily  grant ;  and,  with  this,  I  might  immediately  leave 
Kingston  for  Quebec,  there  to  meet  the  Governc--  General,  and  have  a  chance 
of  sailing  for  Britain  before  the  navigation  is  closed.  . 
I  have  the  honor  to  be,  your  obedient  servant, 

ROBERT  F.  GOURLAY. 

Sir  Richard  Jackson. 


ISfo.  4.  Government  House,  October  26,  1841. 

Sir:  1  am  cominanded  by  ihe  Administrator  of  the  Government  to  ac- 
knowledge the  receipt  of  your  letter  of  the  25th  instant,  and  to  inform  you  that 
in  compliance  with  the  recommendation  of  the*  House  of  Assembly,  His 
Excellency  has  been  pleased  to  direct  the  sum  of  £50,  to  be  advanced  to  you 
out  of  the  small  amount  appropriated  by  the  Legislature  for  unforeseen  con- 
tingencies. His  Ex^-ellency  tegw'M  that  it  n.  not  in  his  power  to  advance 
you  a  larger  sum ;  but  this  will  be  sufficient  to  meet  your  immediate  neces- 
sities, and  to  enable  you  to  procetgl  to  QueDec,  tr  wail  on  the  new  Governor 
General.  . 

I  have  the  honor  to  be.  Sir,  your  m<ml  obd^.mi  humble  servant, 

T.  W  C.  MURDOCH. 

Robert  F.  Gocrlav,  Esq.  . 

No.  5.  KiwoBTON,  Ocfober  30,  1841 

Sir  :  Your  letter  of  the  26th  instant  was  received,  and  the  Fifty  pounds 
paid  me  ;  but  your  Excellency  had  previously  sailed  for  Oimhtr  The  object 
of  this  18  to  request  that  office  copies  of  all  the  procHt  'y  case  last 

session  of  parliament,  may  be  ^'ritten  out  and  transniui^tij  you  without 
delay,  in  order  that  the  Governor  General  may  hav^  the  iarfte  laid  before 
b»m  at  ilu*bec    and,  thus,  be  enabled  to  judge  in  th.  matter. 

I  intend  ieaving  this  in  a  few  (iays,  and  shall  repoii  iiiy  arrival  at  Quebec 
to  yovir  Exo^llency 

Y«W8,  ks.  ROBERT  F   GOURLAY. 

&!•   Richard  Ja«»««i» 


THE 


MEF^IffMAM. 


■J  > 


No.  7. 


CORRESPONDENCE,  (Continued.) 

No.  6,  Kingston,  November  2,  1811. 

Sir  :  About  to  proceed  to  Quebec,  as  advised  in  my  letter  lo  your  Excel- 
lency of  30th  ultimo,  I  found  on  applying  for  office  copies  in  my  case  before 
the  Legislature,  that  affidavus  of  John  Clark,  Esq.  and  William  Kerr,  Esq. 
had  been  mislaid.  To  procure  duplicates  will  require  some  five  or  six  days, 
and,  by  the  end  of  that  time,  the  Governor  General  may  be  on  his  way  from 
Quebec  to  this  place.  May  I  now  beg  the  favor  of  two  lines,  saying  if  I 
shall,  after  that  period,  still  have  opportunity  of  seeing  His  Excellency  at 
Quebec,  that  I  may  regulate  my  motions  accordingly. 

Most  respectfully  yours, 

ROBERT  F.  GOURLAY. 

Sir  Richard  Jackson. 


No.  7.  Que  SEC,  November  10,  1841. 

Sir  :  In  pursuance  of  my  purpose  communicated  at  Kingston,  I  came  here 
last  night  to  meet  the  Governor  General,  and  shall  wait  on  your  Excellency 
if  required. 

Respectfully  yours, 

ROBERT  F.  GOURLAY, 
Union  Hotel,  St.  Peter  Street. 
Sir  Richard  Jackson. 


No.  8.  Union  HotEL,  St.  Peter  Street,  Nov.  23,  1841. 

Sir  :  Yoa  are  aware  that  I  have  been  here  two  weeks  expecting  to  see  the 
Governor  General,  for  settlement  of  my  business  before  the  Legislature.  This 
day  it  is  notified  at  the  Exchange,  that  His  Excellency  will  not  leave  Eng- 
land till  December,  which  is  particularly  distressing  to  me,  and  the  more  so 
as  I  am  an  invalid.  In  fact,  I  must  either  leave  Quebec  immediately,  or  be 
shut  up  for  the  winter.  Permit  me  now  therefore  to  ask  if  youp  Excellency, 
under  changed  circumstances,  can  do  aught  more  in  the  matter,  and  favor  me 
with  an  early  reply. 

I  have  the  honor  to  be,  your  Excellency's  obedient  servant, 

ROBERT  F.  GOURLAY. 

Sir  Rich  _    >  Jackson. 


No.  9.  Quebec,  November  23,  1841. 

Sir  :  I  am  commanded  by  ih^?  Administrator  of  the  Government,  to  ac- 
knowledge the  receipt  of  you,-  ^<iV■):■  of  this  day,  and  to  inform  you,  in  tha 
absence  of  all  the  official  cor'-espondence  and  other  documents  relating 
to  your  case,  it  is  impossibk  fn;;  I J  is  Excellency  to  come  to  a  decision  upon 
it ;  but  His  Excellency  will  be  prepared,  on  his  return  to  Kingston,  to  examine 
into  the  matter,  and  either  to  pronounce  his  owu  decision  en  it,  or  to  submit 
vie'ws  to  the  Governor  General  on  his  arrival 
I  have  the  honor  to  be,  Sir,  vour  obediei 


1. , 

111: 


T.  W.  C.  MURDOCH. 


•1^ 


Robert  F    Gourlay,  Esq. 


66 


Mr  Gourlav  offers  his  respects  to  Sir  Richard  Jackson :  -will  bo  glad  .f 
HifEvcellency  can  find  leisure  to  look  over  the  aocompanymg  sketch,  &c. 
&c  &c   and  then  honor  Mr.  Gourlay  with  conversation  on  the  subject.. 

December  25. 


^.     ..  Kingston,  December  3,  1841. 

Sir  At  Quebec  you  pledged  yourself  to  decide  on  my  business,  when 
a4n  hete  and  i?  Zui  be  easy  to  do  so, -perusing  the  docurrients,  which 
:=:  brief  and  explicit.     Calling  'yesterday  at  the  Clerk's  office  I  lea^ned^hat 

the  affidavits  of  John  Clark  ancf  William  Kerr,  J^^^'^^^^^,^  ,^^%^^,^;^' ^ 
not  vet  had  ;  but  others,  tantamount,  can  readi  y  be  procured.  It  is  Pos^i^le 
that  Doctor  Dunlop,  who  was  Chairman  of  the  Committee,  may  have  the 
orSinalsT  and  if  written  to,  would  transmit  them  without  delay,  to  be  filed 
in  the  proper  place. 

Sth'rSr^rK^Tl^^^^^^^  assured  that  in  half 

an  horn's  conversation  all  might  have  been  settled  to  my  satisfaction,  so  as  to 
admit  of  my   sailing  forthwith;   and   even  now,  with  prompt  attention,  it 
ap^ars  poTIble  for  me  to  get  to  the  seaboard,  and  th^ce  home  before  the 
extreme  rigor  of  winter  sets  in.     It  will  indeed  be  obliging  if  your  Excel 
iencv  can  facilitate  a  consummation,  to  me  so  desirable. 

•'  Your  obedient  servant,  ^^tt-dtav 

ROBERT  F.  GOURLAY. 

Sir  Richard  Jackson.  ,    t.    -n    »    «  „ 

N.  B.    Letters  find  me  here  through  the  Post-office. 


No.  12. 


Gov.  House,  Dec.  6,  1841. 


SiK  •  I  am  commanded  by  the  Administrator  of  the  Government  to  ac- 
knowledge ffie  receipt  of  your  letter  of  ffie  8ffi  instant,  and  to  inform  >ou  that 
HirExcelCcy  has  referred  all  ffie  documents  connected  wiffi  your  case,  to 
th'Executiv7council,in  order  that  they  may  furnish  him  wiffi  a  report 


upon  it. 


I  have  ffie  honor  to  be,  Sir,  your  obadie^nt  ««|;^J"*'j^uRDOCH. 


R.  F.  Gourlay,  Esq. 


T^^   ,„  Kingston,  Dec.  13,  1841. 

Sir  •  Under  date  of  6ffi  instant,  I  am  informed  ffiat  your  Excellency  has 
ref.Jred  aU  the  documents  connected  with  my  case  to  ffie  Executive  Council 
in  order  that  they  may  furnish  you  with  a  report  upon  it. 

For  th  s  accept  my  thanks :  but  deeming  it  probable,  from  Present  delay 
that  the  Council  may  not  be  aware  of  my  anxiety  for  speedy  settlement,  1 
Rhould  be  ""lad  were  they  apprized  of  the  circumstance. 
'   H      I  mSe  Goven/or  general  at  Quebec,  my  full  ^^-fXlrTdlvla  e 
ffiat  wiffi  ten  minutes  conversation,  His  Excellency  would  cheerfully  have 

conceded  all  that  I  require.  p«pj,nP  to  a 

Late  as  it  now  is,  I  would,  wiffi  ffiat  much,  make  an  effort  to  escape  to  a 
warmer  climate  for  the  winter,  if  not  to  my  native  and  .f^^l^^h.s  place^^^^^ 
yields  me  neither  sufficient  warmth,  employment  society,  nor  sympathy. 
I  have  ffie  honor  to  be,  your  niost^obeffi^e^n^  ^    GOURLAY. 

Sir  Richard  Jackson. 


67 

No.  14.  Secretary's  Office,  December  15,  1841. 

Sir  :  I  have  the  honor,  by  command  of  ine  Administrator  of  the  Govern- 
ment, to  acknowledge  the  receipt  of  your  letter  of  the  13th  instant,  anil,  with 
reference  thereto,  lam  now  to  hand  you  a  copy  of  the  Report  of  the  Commit- 
tee of  Council  on  your  case,  which  has  been  approved  of  by  His  Excellency. 
I  have  the  honor  to  be,  Sir,  your  most  obedient  humble  servant, 

T.  W.  C.  MURDOCH. 
Robert  F.  GouRtAY,  Esq. 
Kingston. 


"  Such  has  been  my  fate  dunng  the  last  twenty-one  years,  (written  1829,)  that  I  should 
not  even  know  myself,  but  for  records."  Certainly,  but  for  copiea  of  letters  and  other 
documents,  I  could  not  "expose  the  cruelty  and  injustice  of  Colonial  government. 
Here  closes  correspondence  1841 ;  and,  be  it  observed,  I  have  cut  this  correspond- 
ence in  two.  Up  to  No.  6,  all  is  fair ;  and  that  much  closed  No  6  of  "  The  Nep- 
tunian."    Onward,  in  this  number  7,  all  is  foul,  unfair,  and  ridiculous. 

By  the  new  constitution  of  Canada,  the  Government  has  its  servants  in  parlia- 
ment, to  watch  and  be  watched.  My  case  will  show  how  far  this  is  available  ;  and 
also  how  ministers  may  play  '^  hocus  pocus  tricks"  in  Canada,  as  Sir  Francis  Burdett 
accused  them  of  doing  in  England  some  thirty  years  ago. 

My  case  was  regularly  advanced  in  all  its  stages,  and  stood  on  "  the  Order  of 
THE  Day,"  for  debate,  a  week  before  Doctor  Dunlop  moved  an  address  to  the 
Governor  General.  In  his  speech,  he  happily  exposed  the  sophistry  by  which  Chief 
Justice  Powell,  (1819,)  prevailed  with  a  jury  to  return  a  verdict  of  guiUy  against 
me,  when  I  was  unable  to  know  what  he  said,  — far  less  to  arrest  judgment.  Mr. 
Aylwin,  a  lawyer,  and  allowed  to  be  the  most  eloquent  man  in  the  House,  seconded 
the  motion;  but  no  one  rose  to  reply,  — neither  the  ministry  nor  opposition,  (Mr. 
Cartwright*  and  Sir  Allan  McNab,)  —  so  it  was  unanimously  decided  that  my  im- 
prisonment and  banishment  was  "  illegal,  unconstitutional,  and  without  the  possibility 
of  excuse  or  palliation.  Who,  t/er  that,  had  right  to  say  a  single  word  to  the  con- 
trary? Not  one.  But,  mark  l.jv.  t'-.  ■  "responsible  government"  plays  with  mc, 
and  tortures ! 

I  am  paid  £50  — indorsement  of  the  business  completed;  and  though  copies  of 
affidavits  could  not  be  found,  on  my  application   I  had  no  doubt  they  would  be 
forthcoming  on  the  order  of  Sir  Richard  Jackson  ;  so,  I  lay  down  to  rest  at  Kingston, 
the  night  before  leaving  that  place  for  Quebec,  composed  ar  I  had  not  been  for 
many  ye^rs,  and  said  to  my  landlady  next  moriur  ,.  i'.at  I  had  •'  n-arbj  been  asleep," 
—  not  having  actually  slept,  neither  night  nor  day,    v  iventy-tx.o  months  preceding. 
At  Quebec,  I  reported  myself  to  Sir  Richard,  never   "!ni,>l!ng  tiiat  my  application 
to  have  "  ojjice  copies  of  all  the  proceedings  in  my  rase  u-.-l,,-  n  out  and  transmitted,  in  or- 
der that  the  Governor  General  may  have  the  same  laid  before  him.''  would  be  complied 
with ;  but  how  was  I  disappointed  on  being  told,  a  fortnight  after,  that  "  in  the  ab- 
fence  of  all  the  official  correspondence  and  other  dontmoils."  it  was  ''inipoxsiblc  for  His 
E.trellency  to  come  to  a  decision."     In  fact,  even  though  Sir  Charles  Bagot  had  landed 
at  Quebec,  it  now  appeared  that  my  journey  to  that  place  would  have  proved 
fruitless.     I  could  not,  even  in  that  case,  have  had  ollice  copies  authenticated  by 
him  ,  and  I  wanted  no  more.     1  wanted  from  him  no  hf.cision  ;  and,  indeed,  could 
■    I  only  have  had  the  whdle  of  my  case,  — my  petition  and  the  action  thereon,  printed 
in  a  newspaper,  1  would  then  have  been  satisfied,  and  sailed  for  Scotland.     But 
how  was  this  ?    I  asked  Mr.  Bentley,  ibranriy  propretor  of  the  Kingston  Herald,  to 


irtod  member  for 

ol'tllfi  l.Ol.LECT- 


*  Tlin  first  dny  tlmt  I  approacliod  tl.  .n.  lOiit.  HoH-n,  in  Kin^non,  llio  warm  li. 
Dy(!t<iwn,  run  up  id  ir,o  on  tlic  thri'^lun  ,  and  iinmeL'intily  iiilrodiici.d  uu:  Id  ii  ilu-iti 
1 1  E  WISDOM.     Fur  a  few  miriiilis,  hfi  Ifft  in,  imd, 

with  me,  anil  I  ike  asoal  ■»  itliin  tlie  hiir      Yoii  ,,,,,.,  ■   , 

had    in<li...a     Hilda  a  m.iii.m  for  mv  bn    ,   received  wiUiin  ibe  bur,  oppo.-cd  oiilv  by  INlr.  <  arUvnsht,  a 


1,  ^ncin  iiYtnr,  aoi.in"  nie  by  both  huiids,  said,   "  coiho 
1.'  li!,t  one  eiioniv  in  the  Ilonse  —  Caitwrislit  ''    lie 


perton  I      nl  never  noi'ii,  to  n 


innvli  (itfc  ;  nor,  ill 


then. 


iH'urii  ui 


li 


i!<  HMktsoiis  M^i  11)111"  In 


thw  fiije  01' a  fourli'ty.,  by  tn«  >      ilicr  imkid  nor  I'xj 
dUicn  in  now  re'orded  i.'  a  •iiiil'm>;  pro«'  of"    " 


ll'Cl.('< 


1,  is,    to  liiiMnc'lf    bost  known  ;  and  the  i:iicnin- 
I'v,"  wbii'h  jiriuv  up  with  ccrtiin  characters  in 


i^ 


^ 


Ihm  f  ro»incG  of  Upper  Cuiiiaii,  and,  which,  bvuii  coiiunou  dt'i-onc)  could  not  suj  jikss 


68 


po  with  me  io  Mr  Mawby,  who  purchased  it  from  him,  and  secure  the  printin?  and 
,^?,btynT.a  that  papTr.  V  M^awby  complied;  but  f^^  day  sent  h.s  foreman  to 
tell  me  it  could  not  be  done;    the  reason  appeanng  to  me  obvious    on  neing 
old  Sat  Mr  Mawby  was  looking  out  to  be  an  organ  of  the  f  ^^^"""^"J-^f^f/i 
been  a  quack  doctor  advertising  some  trash,  there  would  have  been  no  relusal^  as  I 
Sed  to  pay  for  my  place  in  tbe  paper,  or  take  as  many  copies  as  ^vo"!^  ;°^Pf": 
Bate     "Never  mind,"  said  Mr.  Bentley,  "you  will  get  it  belter  and  ^h^^per  done  at 
Tohn  Neilson's  mess,  in  Quebec."     Accordingly,  on  getting  there,  I  handed  my 
ctv  in  a   the  gS;  office,  and  told  the  foreman  how  I  should  satisfy  in  the  same 
3  J"  agreed  at  Kingston.    Neilson's  Gazette  is  published  on  Friday,  Mondav,  and 
\v7dnes3fr  I  called' again  on  Saturday   when  Mr  Nei  son  P-sed      roug^  the 
nffirp  and  said  "that  cannot  appear  in  Monday's  Gazette.      On   luesdajr  tnere 
afTer  I  called  a  third  time,  when  the  foreman  handed  back  the  copy,  saying  i   could 
not  be  inserted     The  fac    is,  throughout  the  length  and  breadth  of  Canada  any 
mess  wor'h  purchasing,  or  advocating  a  special  cause,  w-as  bound  up  within  itself; 
?nd  two  editS™ad  been  raised  from  zero  to  warm  berths  in  the  ministry,  merely 
for  support  ng  the  Governor  General's  views.     Not  so  Mr.  Ne  Ison ;  who  was  the 
most  S  opposer  of  Lord  Sydenham.     On  complaining  to  him,  he  said  he  only 
Tw  manlgedTor  his  son's  estate  in  the  Gazette  office.    .So  I  have  not  even  a  guess 
?s  To  The  relLal  at  Quebec.     Certes,  it  left  me  gloomy  m  the  extreme ;  and,  1  was 
only  relieved  by  the  kind  attentions  of  a  jovial  countryman,  who^  that  very  evening, 
as  if  nrovidentially,  waited  on  me,  with  another,  at  the  Union  Hotel. 

SaSng  0  Montreal  in  the  steamboat  with  Sir  Richard  Jackson,  and  seeing  h.m 
l^ofhii  the  cabin  and  on  deck  perfectly  at  leisure,  I  wrote  No.  10,  and  accompany- 
imA  withamap  for  improvement  of  Kingston,  -  one  of  three  which  had  been 
hm.^  up  for  public  inspection  at  the  Town  Hall,  &c  -  I  gave  these,  for  delivery 
to  His  Excellency's  Orderly.  In  a  few  minutes  after,  a  gentleman  of  his  suite 
waited  on  me  with  the  mapln  his  hand,  and  said  Sir  Richard  would  examine  it  a 
Montreal.  It  was  somewhat  amusing  to  observe  that  His  Excellency,  from  that 
moment,  and  all  the  way  to  Kingston,  kept  himself  more  retired  from  passengers  ; 
no  doubt  holding  the  ministry  responsible  even  lor  courtesies. 

Nos  11   12  and  13  of  the  correspondence  need  no  remark.  •     at     o    <• 

No' 14  with  the  Report  of  the  Committee  of  Council,  to  be  seen  in  No.  8  ol 
"  The  Nei'tt-nian,"  needs  so  much,  that  it  would  be  wrong  to  begin  here  ;  save 
to  observe,  that  it  "  has  been  approved  of  by  His  Rvcelkncy. ' 


m 


In  No.  3  of  "  The  Neppunian,"  and  page  34,  under  the  heading      Bru xat. 
Outrage."  1  have  given  a  specimen,  not  only  of  brutality  but  baseness  of  a  Grand 
Turv  &c    &c.     Here,  I  shall  employ  spare  space,  for  exhibiting  something  more  of 
the  same  kind,  reprinted  from  a  newspaper  published  a  few  weeks  alter  the  occur- 
rence. 

TO  THE  EDITOR  OF  THE  MIRROR. 

Edinburgh  Castle,  May  23,  1830. 

Sir  •  But  for  a  disposition  not  to  be  intrusive  while  ParUament  was  in  Session 
and  very  ill  health  since,  I  should  sooner  have  thanked  you  for  your  papers  handed 
rne;  arul  also,  for  holding  up  to  public  view,  a  vivid  p.ctuie  ot  the  monstrous 
treatment  to  which  I  was  subjected,  twenty  years  ago,  in  this  I  rovince. 

It  is  risht  and  necessary  to  study  such  pictures  from  time  to  imo,  to  keep  in  mind 
how  fast^tyranny  will  proceed,  when  unchecked  by  a  spirited  people.  What  you 
said  of  poor  Fergusson,  the  Printer,  was  far  from  sufficient.  He  was  se.zedin  the 
middle  of  the  night,  while  in  bed  with  his  wife  -  thrust  into  Niagara  JaiL  and  by 
davlitrht,  nut  in  a  schooner,  which  brought  him  to  this  place,  where  he  was  kept 
soiiedayi;  and  then  sent  back  to  Niagara,  via  HamiUon,  to  hnd  b^il ;  -^exposed 

like  a  wild  beast,  become  idbai:  — ana  lor  wixai  -.vc^  -f=  th.:.  r     Hau   r.  ..  .i- - 

committed  any  crime  '<  No !  While  he  was  in  the  London  District,  laO  miles  dis  ant 
from  Nia-ara.  I  sent  to  his  printing  office  an  article,  which  was  published  belore 
liis  return  home:  and  which  the  sapient  splenetic  Commons    House  of  Assembly 


dav 


69 


I 


declared  to  be  a  traitorous  libel.     A  traitorous  libel !  — the  worst  part  of  which 
was  a  quotation  from  a  German  ballad. 

'•  Tramp,  tramp,  across  the  land  he  spetl, 

Spli.-tli,  splash  HcriiS.-'  tin;  srn. 
llurruh! — llif  ik-atl  can  rido  apuce, 

Duest  fear  to  ride  with  me  1 1 " 

Only  think  of  a  parcel  of  men,  who  sat  in  Littlk  York,  chiefly  to  look  after 
land  and  offices  —  commissions  in  the  r^'-tia  —  commissions  of  the  peace  —  law 
appointments,  &c.,  for  their  self-aggrandi  'u  ent,  becoming  conscience-smitten,  and 
conjuring  up  treason  in  such  a  quotation  —  a  mere  ebullition  of  feeling.  Only 
think  of  fellows  paid  by  the  people,  to  watch  over  popular  rights,  and,  of  all  others, 
the  freedom  of  the  press,  affording  excuse  to  a  villainous  Executive  for  acts  so 
atrocious !  Fergusson  gave  bail  to  appear  for  trial :  I  entreated  him  to  traverse, 
and  leave  me,  the  principal,  to  argue  the  matter ;  but,  no  ;  he  was  too  confident  in 
his  innocence,  to  be  advised,  —  though,  1  believe,  that,  by  acquittal,  he  expected  gain 
in  public  estimation.  Alas!  —  a  poor  pleader  in  his  Lawyer,  and  a  Jury,  who 
would  have  cried  out  "crucify,'''  even  the  Saviour,  made  a  guilty  man  of  him.  He 
was  thrust  into  one  of  the  horrible  cells  of  Niagara  prison :  all  his  property  and 
business  flung  to  the  winds,  and  his  poor  young  wife  left  forlorn !     Fergusson 

Crinted  for  me  nearly  two  years.     At  all  hours  I  was  in  his  office ;  and  never  saw 
im  irregular.     He  was  a  mere  printer;  could  not  compose  even  a  common  article; 
and  inserted  in  his  paper  whatever  was  sent  to  him  —  as  much  against  as  for  me. 

Every  one  knows  that  a  Printer  is  responsible  for  what  issues  from  his  Press  ; 
but  allowing  my  article  to  have  been  ''traitorous"  —  which,  now-a-days,  the  very 
idea  would  be  laughed  at  —  how  monstrous  was  it  criminnlly  to  punish  the  poor 
printer,  who  knew  nothing  at  all  about  the  publication  !  To  make  others  cautious 
in  future,  he  might  properly  have  been  fined  ;  but,  to  immure  him  in  jail  and  utterly 
ruin  him,  was  barbarous  in  the  extreme. 

Did  the  people  of  Niagara  do  any  thing  to  soften  his  fate  ?  No :  many  of  them 
even  exulted  in  it :  — just  as  they  did,  when  they  saw  me  banished  for  no  crime 
whatever. 

Even  yet,  barbarity  —  the  joint  product  of  ignorance  and  self-interest  —  is  not 
uprooted  in  the  town  of  Niagara.  The  very  day  I  left  it  for  t'lis  place  — 30th 
ultimo  — di.  trial,  before  Ju.stices  of  the  Peace,  gave  evidence  ;  and  ^  minute  account 
of  it  is  worthy  of  record. 

The  public  have  seen  my  placard  exhibited  here,  of  which  the  following  is  an 
exact  copy :  — 


THE     BANISHED     BRITON, 

AITELLANT  AND  JIEDIATOE. 


Profunda  Cernit. 

The  author  of  this  work  contemplates,  not  only  pleading  before  the  world  r.gainst 
the  villainous  Power,  which  for  twenty-eight  years  has  held  him  down  .  but 
investigating  the  evils  which  now  convulse  British  America,  with  a  vie'  to 
determine 

THE     FATE     OF     CANADA! 

Arguing  not  only  from  the  rights  of  man,  hut  the  duties ;  and  all  to  the  end  of 
bettering  the  condition  of  the  woRitiNG  classes. 


On  the  fifth  April,  my  memorial  to  the  assembly  was  published  in  the  Reporter; 
and  wishing  to  have  support  to  my  prayer  for  a  Committee  to  enquire  as  to  niy 
cruel  treatment  in  Niagara  jail,  twenty  years  ago,  I  wrote  out  an  invitation  for 
frieprls  — if  I  had  any  —  to  meet  at  the  British  hotel  by  twelve  o'clock,  next  Mon- 
day, then  and  there  to  consider  what  might  be  done. 

The  better  to  call  public  attention  to  the  invitation,  and  at  the  same  time  to 
advertise  my  intention  of  publishing  "  The  Banished  Biuio.n,"  I  purchased  three 


I 


m 


-WW^ 


70 

large  paste-boards,  and  hac'.  ihe  above  placard  exhibited  on  these,  together  with  my 

written  invitation.  ,    ^     i      i  „„  4V,„  t, t 

One  of  the  boards  was  given  in  at  Harringto.n's  to  be  hung  up  on  the  front, 
post ;  another  was  hung  up  on  the  front  post  of  the  British  Ho tkl  and  a  third 
was  carried  to  James  Miller's  Tavern,  there  to  be  hung  up  on  the  iront  post 

Miller  not  being  at  home,  and  his  bar-keeper  not  fbeling  at  iberty  to  expose  the 
board  on  llie  front  post  without  Miller's  leave,  I  left  it  in  the  bar,  — the  bar-keeper 
engaging  to  protect  it  till  I  returned  and  spoke  to  Miller.  ,  ..  . ,    ,,.„ 

Next  morning  I  called,  and  seeing  a  person  in  the  bar,  asked  if  Mr.  Miller  was 
at  home.  He  said  he  was  that  person  ;  and  I  asked  what  he  had  done  with  ttie 
placard  board.  •'  /  datroyed  it,"  said  he.  You  have  destroyed  it!  Why  did  you 
destroy  it '     Miller  repeated  his  words,  and  added,  "  You  may  do  your  best. 

Now,  it  ought  here  to  be  known,  that  within  an  hour  after  the  board  was  ex- 
hibited at  Harrington's,  certain  wiseacres  had  discovered  sedition  in  it;  and  1 
was  informed  that  the  exhibition  had  been  injurious  to  my  cause;  — that  the  words 
''villainous  power"  had  been  construed  as  leflection  against  the  government,  &c., 
and,  that  the  words  "  Rights  of  man,"  stirred  up  still  woise  suspicious. 

Overlooking  such  absurdity,  I  thought  only  of  my  properly  destroyed  ;  drew 
out  a  bill  of  charge  against  James  Miller,  and  placed  the  same  in  the  hands  ot  Mr. 
Clement,  a  Justice  of  the  Peace,  for  recovery  :  thus. 


James  Miller,  Tavern  keeper.  Niagara, 

To  Robert  F.  Gourlay. 
A  placard  and  board  destroyed, 


Dr. 

^0  10  G 


Mr.  Clement  said  he  was  not  a  lawyer;  and,  as  the  case  was  an  extraordinary  one, 
asked  me  to  return  next  day,  when  Mr.  Butler,  a  regular  bred  lawyer  would  be 
with  him  to  advise.  , 

Attending,  accordingly.  Mr.  Butler  said  he  thought  the  case  was  one  ior  ttie 
Court  of  Requests  ;  but,  previously  informed  by  a  friend,  I  stated  that  it  came 
properly  before  them,  under  the  petty  trespass  act 

'      n'-i,    _    i»_  _•...,.._    oj -.1..J       '.     .1      •,   ■     .,    till     ♦! 


The  Magistrates  then  asked  me  to 
an  indulgence  which  I  readily  grant.  " 


following :  — 


till  their  minds  were  fully  made  up ; 
ilting  no  notice,  I  at  last  wrote  the 


Mr.  Gourlay  presents  his  complifj 


,;(.'Vf' 


"  British  Hotel,  Jpnl  23,  1839. 

irii.  yjcKJuiiay  j^ic^c.^  ii.o  wv,.wi.......  ,: Mr.  Clement :  — Reminds  him  that  Mf. 

G.  put  into  his  hands  an  account,  clian:M\;,^  James  Miller  10s  6d,  for  property  des- 
troyed :— that  Mr.  Clement  put  off  acting  till  Mr.  Butler  was  consulted  :  — that 
Mr.  Gourlay  attended  next  ''ay.  when  both  geKtlemen  seemed  doubtful  on  the 
case:  — that  he  said  he  would  wait;  and,  now  begs  to  be  informed  when  the 
business  will  proceed." 

No  reply  being  received,  I  waited  on  Mr.  Clement,  Monday,  29th  April.  He 
asked  if  I  seriously  meant  to  go  on  with  the  action  ;  and  said  that  INIiller  thought 
he  had  an  action  pgainst  me  for  leaving  the  placard  in  his  bar  :  —  thus,  the  cloud 
of  war  darkened. 

Mr  Clement  said  it  would  be  necessary  to  make  a  declaration  on  oath;  and  I 
did  so,  reciting  exactly  all  the  facts.  Mr.  C.  himself  committed  this  to  paper  ;  and 
not  being  able  distinctly  to  read  his  writing,  I  put  my  name  to  it,  supposing  all 
correct. 

Ten  o'clock  next  day,  Tuesday,  April  30,  was  appointed  for  the  hearing;  and 
then  I  attended  with  my  witnesses,— Mr.  Sewell.  printer,  ready  to  swear  that  he 
would  not  print  any  number  of  my  placard  for  less  than  two  and  a  half  dollars, 
and  the  bar-keeper  of  the  British  Hotel,  \\ho  had  recommended  me  to  go  to  James 
Miller's  tavern,  &c. 

Mr.  Miller  appeared  as  Defendant,  with  his  lawyer,  who  I  afterwards  learned 
was  a  Mr.  Campbell. 

After  statin"'  circumstances,  the  question  was  put  by  the  Court,  whether  I  could 
swear  that  the° defendant,  there  present,  was  the  identical  one  who  had  told  me  the 
board  was  destroyed.  Here  my  ca.se  was  about  breaking  down,  as  James  Miller 
was  not  bound  in  law  to  confess  that  he  was  James  Miller ;  and   I  certainly  was 


:i 


loath  to  8v»  ar  as  to  him  —  havini?  not  for  two  minutes  looked  him  in  the 
his  bir-room,  nor  evfr  imagined  any  such  difficulty  would  be  starf^pd. 


Ilia    i  -.i-i^xji,,,   ,1^1     ^ «{,. —-J      ~~- J '  --- 

howtver,  if  he  chose  to  go  out  among  his  townsmen,  thus  victoriot 
be  welcome  to  the  triumph. 

~ '       ■"  sugges     Hhat  Miller's  bar-keeper 


The  Magistrates  then  libera 
for,  and  I  agreed. 

Meantime,  lawyer  t 'ampbf' 
in  Court  to  show  the  kind 


face  in 

I  said, 

Mi  should 

sent 


'    -ardwas, 

•le  words, 

nsirous  treat- 

nounced  my 

/,    my  coming 

ids,  regarding  my 


pointed  to  >  o  of  the  placard  boards,  •  ch  I  had 
L.VY  mc  >.iiiu  thing  desiru.fd;  and  said,  that  aloni  ou£;ht  to 
cast  me;  that  lese  words,  "  The  Banislut  Bnton,"  were  sufficient  to  prove  I  had 
no  right  to  'v  i  the  ooimtry ;  and  as  to  the  words  following,  they  clearly  made  out 
that  ''villanoug  powei  iw  -it  the  i  'w<  >■  which  banished  me,  i  ■  the  words  "  twetUij 
eight  years"  indica+ed  the  exact  mber  of  years  from  the  time  of  my  imprison- 
ment at^d  banishment.     (1819.) 

RpiUy,  said  I,  you  have,  at  school,  made  little  progress  in  C  uker.  You  may 
be  a  devilish  goocl  Inwyer,  but,  certainly,  you  are  a  misers >>1y  lame  arithmetician! 
and  to  be  sure  the  li  ated  advocate  sung  silent  on  the  r  aiainin  manifestations 
of  sedition. 

The  occa  : on,  however,  was  not  to  be  lost,  for  my  showing  '^-^ 
in  fact,  the  very  revei  se  of  what  evil  imaginations  had  m-  le 
"Banished  Briton''  were  intended  to  arrest  attention  !o 
ment  I  had  received  in   Nin sjara :— that,  the  word   ••  appi 
return  to  the  Province,  here  Xo  get  redress;  and,  the  word  • 
as  a  peace-maker 

I  then  produced  to  the  court  a  whole  volume  of  printed  .__,__,.        „     ^ 

?ri  te  affairs  — printed  in  Scotland,  to  maintain  rights  to  my  property  there,  in 
nd,  and  Uppor  Canada;  and  showed  that  the  words  '-twrnty-cight  years" 
alluded,  solely,  to  law  y  ^ecution.  As  to  government,  there  was  not  in  existence, 
my  man  who  had  ber  re  constantly  loyal ;  and,  in  fact,  my  family  motto, 

•Profunda  Cernit  t  forth,  on  the  placard,  to  maintain  this.     The  family 

of  Gourlay  being  the  ;,■-      lucient  and  least  tainted  of  any  in  Fife,  if  not  in  Scot- 
and—all  having  sprung  irom  the  same  individual  Ingleramus  De  Gourlay,  who 
came  to  Scotland  with  Prince  "William,  about  the  year  1174. 

I  stated  further,  that  the  words,  "  Rights  of  Man  "  were  indeed  conspicuously 
displayed  on  the  placard  ;  but  it  would  be  observed  that  I  was  to  argue  not  only 
from  these,  but  the  "  duties ;"— that  lawyers  and  others  pleaded  merely  on  the  first, 
but  that  I  resorted  to  the  Bible,  and  had  an  eye,  not  to  laws  only,  but  to  morals  — 
to  duties  as  well  as  rights.  . 

Miller's  bar-keeper  being  now  in  Court,  he  was  put  on  his  oath,  and  questioned  ^— 
whether  he  had  received  from  me  such  a  placard  board  as  that  on  the  table.  He 
acknowledged  this  ;  also,  that  he  engaged  to  protect  it  till  Mr.  Miller  came  home; 
and  now  my  case  was  closed.  But  lawyer  Campbell  would  fight  every  inch  lor 
his  client :  so,  questions  were  started  as  to  the  liability  to  protect  property  in 
taverns,  boarding  houses,  &c.  &c.  &c.;  Statutes  were  referred  to;  law  books  pro- 

Finally,  the  Magistrates  retired ;  and  after  a  considerable  time,  returned  with  a 
judgment  against  Miller.  Stop,  said  the  lawyer— arrest  judgment ;  show  me  Mr. 
Gourlay's  written  deposition.  He  has  declared  th:  the  placard  board  was  des- 
troyed, and  here  is  the  identical  thing  left  in  Mr  . tiller's  bar-room  — fetching  it 
from  a  hiding  place.  That,  sir,  said  I,  only  maV  your  client  a  double  liar,  (mean- 
ing one  who  first  tells  a  lie  to  injure  another,  and  then  trades  upon  it).  What 
said  Mr.  Campbell,  will  you  call  a  man  a  liar,  when  you  have  put  your  name  to  a 
wilful  perjury.  No.  no,  said  Mr.  Clement,  (who  saw  that  he  had  not  written  down 
my  exact  words  — not  that  James  Miller  said  he  had  destroyed  the  placard,  but 
that  it  was  destroyed,)  there  can  be  no  accusation  of  wilful  perjury:  take  your 
placard,  Mr.  Gourlay,  and  there  will  be  no  charges!  ... 

Here,  then,  ended  this  foolish,  vexatious  business;— James  Miller  retiring  in  very 
bad  humor,  as  well  he  might ;  at  every  stage  having  falsified  out  ot  a  bad  spirit ; 
and  from  the  grossest  ignorance,  desired  to  involve  me  in  trouble  —  no  doubt,  wittx 
hope  of  currying  favor  with  the  wretched  crew,  who  have  so  long  held  down  this 
fine  country  ;  now  at  last,  thank  God,  about  to  cast  its  slough,  and  rank  among  the 
civilized  portions  of  the  earth.  ROBERT  F.  GOURLAY. 


V 


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72 


THE  MONKEY  WAR. 


Promise  vvus  given,  page  54,  tlmt  these  verses  should  be  "  eiklbited  in  the  next  numher  of  The 
Neptunuw."  Itallerwaids  was  judged  bolter  to  reserve  them  lor  this  budget  ot  brutality,  croiies, 
and  comicalities :  —  so  hi;re  they  are. 


PAST   FIRST. 

A  monkey  onco  sprung  up  aloft, 

And  gibbered  in  the  trues  ; 
The  l)earB  iinil  wolves  begun  te  dance, 

And  bum  went  all  the  bees. 

A  shot  or  two  being  fired  at  Pug, 

.\way  the  creature  sciimperod  ; 
And,  truly,  it  made  unco  speed, 

With  bulli  liaing  little  hampered, 

Arrived  at  Jonathan's  out  post, 
And  perched  up  in  the  |day  house, 

A  farce  began,  which,  light  to  scan, 
No  man  could  say  it  was  douce.* 

Douce,  did  I  say  ?  —  hoot,  mt\n,  away  ; 

'T  was  really  sad,  and  sadder, 
For  men  to  Buftalocs  were  turned, 

And  they  grev/  mad,  and  madder. 

They  gored  the  ground  ;  they  cocked  their  tails  ; 
They  flung  up  dust  ;  they  trnd  down  rails  ; 

And  nothing  could  withstand  them  ; 
Till  groat  Van  Uenssellaer  stepped  forth. 

And  said  ho  would  connnand  them. 

To  Navy  Island  quick  they  marched, 

And  quick  were  in  possession, 
Q,nicU  ;an  the  ni!ws  across  tlie  land, 

To  Parliament  in  aessiun. 

Sir  Francis  said  :  "  My  dear  McNab, 
Uise  from  the  chair,  mount  any  cab, 

And  rouse  the  men  of  Gore  ; 
Now  I  'm  awake,  good  care  do  take. 

That  no  one  else  shall  snore. 

"  When  I  sprung  out  of  Romney  marsh, 

Just  like  a  little  spunkio,| 
1  never  dreamt  of  iiughl  so  harsh. 

As  fighting  with  a  monkey. 

"  But  since  it  is  my  kninhtship's  fate, 

Do  you  go  forth  iuid  ihr.nder. 
That  you  may  rise,  in  voynl  eyes. 

And,  then,  we  ne'er  shall  sunder. 

"  Sir  Francis,  I  —  Sir  Allan,  you  — 

The  Yankees  we  will  liutnlile  ; 
And  this  curs'd  u^ly  monkey  now. 

Out  o'er  the  Fulls  we'll  tumble." 

Britannia's  flag  you  now  may  see, 
From  Dtninmond's  Hill  to  Fort  Erie, 

While  thousands  range  around  ; 
With  shot  and  shell  the  trees  they  fell, 

And  muko  a  mighty  sound. 


KMnburgh  Castle,  May  C,  1839. 


FiFEAN. 


*  Sednte,  lobcr,  decent, 
t  Will  o'  the  wisp. 


PAIIT  SECOND. 

Good  lauk.  What  next !  —  a  boat  unfixed  — 

The  little  Caroline, 
Cut  from  the  ice  ;  and  all  so  nice. 

Now  ou  the  lake  doth  shine  ! 

"  A  spec  !  —  a  spec  !  —  a  glorious  ipec  !  " 

The  Buffaloes  mar  out, 
Victoria's  wealth  is  nil  our  own. 

And  Canada,  no  dou'ut. 

"  We'll  moor  the  boat :  we'll  store  the  boat. 

With   '  articles  of  freiirht,' 
And  when  our  flag  is  hauled  aloft. 

We'll  swear  the  whole  is  right." 

"  For  trade  is  free  to  all  the  free, 

And  we're  the  sons  of  freedom  ; 
We'll  freedom  take,  there's  no  mistake. 

Nor  need  we  longer  dread  'em." 

Ah,  Jonathan  !  —  Ah,  Jonathan ! 

Thou  art  a  boastful  loon  ; 
But  there's  a  God  above,  I  trow. 

Will  make  you  change  your  tune. 

Snug  in  your  port,  you  deem  it  sport 

To  laugh  at  human  woe  ; 
But  God  above  will  you  reprove  ; 

And  that  you  soon  shall  know. 

It  matters  not  what  are  His  meano, 

Or  what  you  call  the  deed  ; 
The  whole  is  rightly  ordered,  man. 

Your  wickedness  to  fijed. 

To  make  you  stamp,  to  make  you  swear, 
Trt  show  you  off  a  good  long  year. 

That  all  the  world  may  know  — 
Till  human  nature  hotter  is. 

You  have  no  right  to  crow. 

*  Look  back  to  Mnldon  and  Pele, 
The  Short  Hills  interlude  ; 
Look  bai'.k  to  Pruscoll's  bloody  field, 
And  Windsor,  still  more  rude. 

All  villainous  !  —  most  villainous  ! 

Not  one  redeeming  act. 
Historians  cannot  better  it, 

Nor  e'er  dispute  tha  fact. 

But  when  we  think  upon  thi.  thing 

That  led  you  on  to  war  ; 
A  monkey  vile,  chock  full  of  bile. 

It  beats  the  Gloho  by  far. 

The  monkey  first,  made  you  to  thirst 

For  acres  and  fi)r  dollars  ; 
But  now  in  cage,  it  spends  its  rnge 

On  Uncle  Sam's  tight  co'l.irs. 

K0H£RT  F.  GouKL\r. 

Edinburgh  Castle,  Feb.  5,  1840. 


Note.  —  1813.  — Sir  Allan  McXab  fired  off  some  four  or  live  huiutred  "  sliol,  and  hIigII  "  among  tha 
trees  of  Navy  Island,— killing  one  man,  and  wounding  the  trees  pit(u)usly;  as  I  discovered,  walking  all 
round  the  Island  with  Captain  Usher,  a  month  hefoie  his  murder.  How  much  bettor  would  it  have 
been  had  Hit  F.  B.  Head  taken  my  advice,  page  J.3.  •  hei  them  abide  to  coul,  and  hj'tor  ihevt  not  mth 
a  siege." 


THE 


HIlIPiriDiK"I[AH. 


Mo.  a 


To  the  Honorable  the  Legislative  Assembly  of  Canada  : 
The  petition  of  Robert  Fleming  Gouulay  : 

Humbly  Sheweth :  —  That,  your  petitioner's  case  was  reported 
on,  last  session  of  Parliament,  by  a  select  committee,  and  the  report 
approved  of,  unanimously,  by  your  Honorable  House, 

That,  satisfied  with  the  award,  your  petitioner,  prepared  to  rejoin 
his  family  in  Scotland,  from  whom  he  has  been  separated  twenty- 
five  years,  by  wrongs  in  Canada,  and  did  proceed  so  far  as  Quebec, 
on  his  way  home,  requiring  only  office  copies  of  proceedings  in  your 
Honorable  House,  to  be  authenticated  by  the  Governor  General. 

That,  the  non-arrival  there  of  his  Excellency,  brought  your  peti- 
tioner back  to  Kingston,  where,  to  his  astonishment,  he  was  served 
with  a  Report*  of  a  Committee  of  the  Executive  Council,  denying 
what  had  been  affirmed  by  your  Honorable  House ;  and,  thus,  he  has 
been  detained  in  Canada,  cruelly,  and  he  will  say  vexatiously. 

Your  petitioner  cannot  help  thinking,  that  this  most  irregular  step 
has  been  taken  clandestinely,  by  enemies  who,  all  along,  have  pur- 
sued him,  at  home  and  abroad,  through  back-stair's  influences  and 
underhand  plots  ;  and  he  most  earnestly  entreats  that  your  Honor- 
able House  will  give  to  the  subject  gravest  consideration. 

Your  petitioner,  in  the  sixty-fifth  year  of  his  age,  and  in  feeble 
health,  is  little  able  to  contend  with  arbitrary  power;  but,  were  a 
Commission  appointed  to  visit,  examine,  and  assist  him,  where  he 
now  is,  the  darkest  machinations  may  be  exposed,  and  your  peti- 
tioner at  last  freed  from  persecution,  which  has  no  parallel,  and 
which,  at  his  time  of  life,  is  almost  intolerable. 

Trusting  that  the  Almighty  may  direct  the  wisdom  of  your  Hon- 
orable House  to  successful  issue  in  the  whole  matter,  your  petitioner 
will  ever  pray.  ROBERT  F.  GOURLAY. 

St.  Cathannes,  September  17,  1842. 


*Copy  of  a  Report  of  a  Committee  of  the  Executive  Council  of  the  10th 
December,  1841,  and  approved  by  his  Excellency  the  Administrator  of  the 
Government,  in  Council,  on  13th  December,  on  the  application  of  Mr.  Robert 
F.  Gourlay, 

The  Committee  of  Council  in  obedience  to  your  Excellency's  commands, 
have  considered  the  application  of  Mr.  Robert  F.  Gourlay,  praying  to  be 
informed,  what  he  has  to  expect  from  the  Executive  Government  in  conse- 
quence of  an  address  of  the  Hon.  the  Les^sl^tivo  Asp-embly  founded  upon 
a  Report  of  a  Select  Conmiittee  of  that  Hon.  House,  of  which  the  following 
is  an  extract : 

10 


i; 


*! 


74 


OFFICE  COPIES. 

Legislative  Assembly  Committee  Room,  ) 
Wednesday,  ^th  October,  1612.  \ 

In  Committee,  on  the  petition  of  Robert  F.  Gouulay,  of  St.  Cath- 
arines. 

Present,  Messieurs  John  Neilson,  Dunlop,  Harrison. 

Mr.  Neilson  called  to  the  chair. 

Read  tlie  order  of  reference. 

Read  the  petition. 

Your  committee,  in  the  present  state  of  the  session,  have  not 
thought  it  expedient  to  enter  into  any  inquiry  into  the  reasons  that 
havc°prevented  the  Address  of  this  House  to  His  Excellency,  of  the 
16th  September,  1811,  and  the  report  therein  referred  to,  from  being 
fully  acted  upon.     They  are  of  opinion 

That,  in  consideration  of  the  losses  and  misfortunes  of  Robert  F. 
Gourlay,  Esquire,  as  set  forth  in  the  investigation  of  his  petition  of 
last  year,  he  is  entitled  to  an  adequate  provision,  in  the  form  of  an 
annuity  during  his  natural  life,  and  humbly  recommend  that  the 
same  be  submitted  to  His  Excellency  the  Governor  General. 

Ordered,  That  the  Chairman  leave  the  chair  and  report. 
All  which  is  nevertheless  humbly  submitted. 
(Signed)  J-  NEILSON,  Chairman. 


Charles  Bagot, 

The  Governor  General  informs  the  House  of  Assembly,  that,  m 
consideration  of  the  losses  and  misfortunes  of  Robert  F.  Gourlay, 
Esquire,  as  set  forth  in  his  petition  to  the  House,  and  recommended 
by  them,  for  remuneration,  in  their  address  of  the  6th  instant,  he  has 
directed  that  the  sum  of  £50  be  granted,  annually,  to  the  said  Robert 
F.  Gourlay,  during  his  natural  life. 

Government  House,  Kingston,  \Qth  Oct.,  1842. 


Montreal,  Nov.  11,  1842. 
Sir: — The  object  of  this  is  to  declare,  that,  the  printed  corres- 
pondence, posted  on  the  margin,  ( Extracted  from  St.  Catltarine's 
Journal,  and  exhibited  beloiv^  bearing  my  signature,  is  genuine 
and  correct:  — also,  respectfully  to  request,  that  your  Excellency 
will  be  pleased  to  peruse  the  same,  and  cause  this  to  be  preserved 
for  after  reference. 

I  am  your  Excellency's  obedient  servant, 

ROBERT  F.  GOURLAY. 

Sir  Charles  Bagot. 


a  Yo)ir  Committee  cannot  but  fxpipss  a  hope  that  your  Hon.  House  will 
do  the  Petitioner  that  justice  which  has  been  so  long  denied  him,  and  pass 
an  Address  to  liis  Excellency  the  Governor  General,  declaratory  of  the  above 


75 


opinion,  in  order  that  the  Crown  may  repiullate  the  transaction  by  which  tlio 
petitioner  has  ])een  persecuted  to  his  ruin,  and  that  the  Leirislature  may  de- 
clare his  sentence  of  banislunent  null  and  void,  and  cause  him  to  he  com- 
pensated lor  the  losses  he  sustained  by  this  unwarrantable  exercise  of 
authority;  —  and.  in  the  mean  time,  that  some  allowance  he  made  to  him 
to  defray  his  personal  expenses,  while  in  attendance  before  the  Legislature, 
defending  the  rights  of  a  British  subject." 

The  wrong  complained  of,  bv  JNIr.  Gourlay,  appears  to  have  originated  in  an 
act  of  the  Provincial  I*arliament,  passed  iii  the  year  1804,  entitled  "  An  Act 
for  the  better  securing  this  Province  against  all  seditious  attempts  or  designs 
to  disturb  the  tranquillity  thereof." 

This  Act  authorized  the  Governor.  Lieutenant  (Tovernor,  or  person  admin- 
istering the  government  of  the  Province,  the  members  of  tlie  Legislative  and 
Executive  Councils,  the  Judges  of  the  Court  of  King's  Bench,  or  other  per- 
sons authorized  in  that  behalf,  by  warrant,  to  ariest  any  person  or  persons 
not  having  been  an  inhabitant  or"  inhabitants  of  the  Province,  for  the  space 
of  six  months  next  preceding  the  date  of  such  warrant,  and  not  having  taken 
the  oath  of  allegiaiu-e,  who,  by  words,  action--,  or  other  behavior  or  conduct, 
hath  or  have  endeavored,  or  hath  or  have  given  just  cause  to  suspect,  that  he, 
she,  or  they,  is  or  are  about  to  endeavor,  to  alienate  the  minds  of  his  Majes- 
ty's subjects  of  the  said  Province  from  his  prison  or  his  government,  or,  in 
any  ways,  with  a  seditious  intent,  to  ilisturb  the  tranquillity  thereof;  and,  upon 
such  arrest,  and,  upon  examination,  to  oider  such  person  to  leave  the  Pro- 
vince.   The  same  Act  provides.  ••  th-.it.  upon  any  such  person  being  found  at 
large  within  the  Province,  without  licrense  to  return,  granted  by  the  Govem- 
melit,  he  should  be  committed,  without  bail,  unti'      leased  by  the  Government, 
or  be  delivered  by  the  court  of  0\er  and  Terminer,  in  due  course  of  law  ; 
and,  that  he  should  be  liable  to  imprisonment  and  banishment,  froni  Avhich 
banishment,  if  he  should  again  return  without  license,  he  should  be  liable  to 
suffer  death  as  a  felon." 

This  Act  has  been  Ions  si.ice  repealed,  in  the  opiiuon  of  the  Committee 
most  wisely  and  properlv.  by  :he  Legislature ;  but,  in  the  consideration  of 
the  present  question,  the  Committee  feel  bound  to  look  to  the  law  as  it  stood 
at  the  time  of  the  events  complained  of. 

It  appears  that  Mr.  Gourlav,  upon  information  given  upon  oath  by  a  mem- 
ber of  the  House  of  Assembly,  was  arrested,  :,  brought  before  two  mem- 
bers of  the  Leirislative  Coinlcil.  upon  a  charge  of  having  endeavored,  by 
words,  actions,"and  behavior,  to  alienate  the  minds  of  his  Majesty's  subjects 
from  the  King's  person  and  government,  and  to  raise  a  rebellion  against  the 
Kimr's  Government  in  the  Province ;  and,  not  being  able  to  give  full  and 
com'plete  satisfaction,  to  the  gentlemen  who  issued  the  warrant,  on  these 
points,  he  was  ordered  bv  them  to  quit  the  Province,  within  a  time  limited. 

Mr.  Gourlav  chose  to  "disregard  the  order  thus  given,  and,  by  his  disobe- 
dience, rende"i-ed  himself  liable  to  the  penalties  if  the  Act ;  and,  being  found 
at  large  within  the  Province,  contmry  to  its  provisions,  he  was  arrested,  tried, 
and  convicted,  upon  the  statute,  and  sentenced  to  be  imprisoned  and  ban- 
ished. Mr.  Gourlay  now  claims  redress,  and  is  desirous  to  know  the  inten- 
tions of  the  Executive  Government,  respecting  his  case. 

It  appears,  that  in  accordance  with  one  part  of  the  address,  your  Excel- 
lency has  directed  a  pavment  to  Mr.  (Jourlay.  of  fifty  pounds. 

It"is  further  required"by  the  Address,  that"  the  Government  should  repudi- 
ate the  transaction. 

The  proceeding  aaainst  Mr.  Gourlay  does  not  appear  to  have  been  an  act 
of  the  Exccuiivjjl^ovcniinont,  ])ut  of  a"  tribunal,  exercir-^ing  extraordinary  .^nd 
extensive  power,  and  having  the  widest  discretion  as  to  the  mode  in  which 
it  should  be  used.     In  assenting  to  the  repeal  of  th<^  Ac-t  itself,  the  Govern- 


4' 


76 

ment*  has  already  expressed  its  opinion,  in  the  strongest  manner,  against  the 
continuance  of  such  arbitrary  power,  in  any  person,  or  body  of  persons ;  but, 
the  Committee  do  not  see  how  the  disavowal  of  the  act  of  persons,  over 
which  the  present  Government  of  the  '\ovince  had  no  control,  can.  in  any 
wise,  help  Mr.  Gourlay's  case.f 

If  the  legality  of  the  proceeding  be  called  in  question,  on  the  ground  that 
the  statute  was  not  intended  to  apply  to  British  subjects,  a  reference  to  the 
act  itself  will  show  that  actual  residence  in  the  Province,  and  the  taking  the 
oath  of  allegiance,  were  the  necessary  qualifications  which  would  exempt 
any  person  from  the  operation  of  the  law.  The  being  a  natural  born  subject 
of  the  Crown,  does  not  enter  into  the  question.  On  looking  to  the  history  of 
the  time  when  the  act  was  passed,  only  a  few  years  after  the  suppression  of 
a  formidable  rebellion  in  Ireland,  and  almost  immediately  after  an  attempt 
of  the  same  nature  in  the  same  country,  and  at  a  period  when  the  war  of  the 
French  revolution  was  raging,  a  contest  of  principle  by  which  all  men's 
minds  were  more  or  less  agitated,  it  is  not  extraordinary  that  such  a  measure 
should  have  been  entertained  in  a  distant  and  then  weak  portion  of  the  em- 
pire. There  is  no  good  reason  to  suppose  that  it  was  not  intended  to  operate 
against  British  subjects  quite  as  stringently  as  against  Foreigners,  and  the 
power  summarily  to  prevent  even  British  subjects  from  settling  in  British 
colonies,  and  ordering  them  to  depart  therefrom,  was  not  so  unprecedented 
as  to  found  an  argument  on  the  impossibility  of  the  Upper  Canadian  Legislature 
meaning  to  extend  the  provisions  of  the  law  to  all  persons,  whose  presence  in 
the  Province  appeared  to  be  dangerous  to  its  peace,  and  who  came  within  the 
strict  letter  of  the  act.  There  is  no  ground  to  question  the  power  of  the  Le- 
gislature to  pass  such  an  act,  and  the  repudiation  of  the  proceedings  under 
it,  as  illegal,  would,  without  benefitting  M;.  Gourlay,  have  the  effect  of  a 
declaration  purporting  to  make  invalid  what  was,  nevertheless,  manifestly 
legal,  however  harshly  the  law  may  have  operated  against  the  applicant  for 
redress. 

If  the  statute  of  the  Provincial  Parliament  be  admitted  to  be  valid,  it  will 
be  seen,  that  the  widest  power  and  discretion  were  given  to  those  who  were 
to  act  under  it. 

It  appears  not  to  have  been  necessary  for  the  procurement  of  an  order  to  leave 
the  Province,  testate  or  proveanypositiveovert  acts  of  sedition  ortreason  to  pro- 
duce a  general  impression  from  a  person's  act  or  general  deportment.  Even, 
amounting  to  suspicion,  was  all  that  was  necessary,  and  the  law  appears  to 
have  been  so  far  complied  with.  A  satisfactory  inquiry  into  the  grounds  for 
the  proceeding,  would  at  this  day,  if  practicable,  tend  to  no  good  purpose. 
Mr.  Gourlay  suffered  for  direct  disobedience  to  th3  law  as  it  stood.  He  could 
not  legally  have  been  acquitted  by  any  jury,  for  such  disobedience  ;  and,  no 
regret  that  such  a  law  should  have  existed,  or  that  it  should  have  been  used 
with  severity  against  him,  and  no  commiseration  for  his  sufferings,  will 
authorize  the  admission  of  the  dangerous  and  destructive  principle,  that  indi- 
viduals are  to  judge  for  themselves,  and,  with  impunitVj  act  in  defiance  of  the 
positive  law  of  the  land. 


*The  Attorney  General,  (wow  Chief  Justice^)  acting  for  the  Government,  withstood 
the  repeal  of  this  act,  sin^'ly,  in  the  IJouse  of  Assembly,  year  after  year,  till  IS29 ;  and, 
only  after  the  Lieut.  Governor  (Sir  John  Coli)ura)  exprt^sed  a  desire  tliat  it  should  be 
repealed,  did  the  Lesrislative  Council  cease  to  throw  out  bill  after  bill,  for  its  repeal. 
During  the  whole  of  Sir  PerlKTine  Maitland's  time,  the  act  was  sustained:  —  .sustained 
by  a  man,  who  ought  to  have  been  impeached.  Yes !  — and  hanging  was  too  good  for  him. 

t  The  present  Government !  I  —  ?  —  The  present  Government  suffered  the  question  to 
be  settled,  unanimovshj,  in  the  Legislative  assembly,  —  not  even  a  whisper  of  opposition 
from  the  ministerial  benches. 


77 


Mr.  Gourlay  appears,  legally,  to  be  in  a  position  requiring  protection  from 
the  sentence  passed  upon  him,  as  to  its  future  operation.  The  Committee 
believe  that  he  might,  at  any  time  since  the  repeal  of  the  act  in  question,  have 
procured  this  protection,  by  means  of  a  pardon,  under  the  great  seal,  and  there 
is  no  good  reason  why,  if  he  wishes  it,  he  should  not  be  granted  a  pardon 
now;  but,  he  further  seeks  pecuniary  indemnity  for  what  he  considers  an 
illegal  prosecution  and  conviction,  which  cannot  be  granted  in  the  shape  he 
requires  it,  unless  it  can  be  shown  that  the  prosecution  and  conviction  were 
really  illegal. 

Before  any  grant  of  indemnity  can  be  made  to  Mr.  Gourlay,  it  is  necessary 
that  the  matter  should  be  brought  under  the  consideration  of  the  Legislative 
Assembly,  by  the  Government.  It  is  not  the  intention  of  the  Committee  of 
Council  to  advise  a  hmitation  of  the  liability  of  the  Legislative  Assembly, 
by  withholding  from  it  an  opportunity  of  granting  a  sum  of  money,  which 
would  relieve  Mr.  Gourlay,  to  any  moderate  extent ;  but,  it  would  be  unjust 
to  him,  were  he  to  be  permitted  to  remain  under  the  impression,  that  the 
Government  recognizes  the  illegality  of  the  sentence  pronounced  against  him, 
or  liability  of  the  public  funds,^to  indemnify  him,  as  a  matter  of  right,  against 
the  consequences  of  his  own  deliberate  infringement  of  the  law  of  the 
Province. 

Certified, 

WM.  H.  LEE,  Adins  S.  E.  C. 


ACTION   OF   THE   ASSEMBLY. 

Extracted  from  St.  Catharine's  Journal,  and,  copied  into  that,  from  a  Kingston 

newspaper. 

Petition  presented,  of  R.  F.  Gourlay,  of  St  Catharines,  for  redress  of 
certain  grievances. 

The  Speaker  stated,  that  the  Petition  was  informal,  and  contained  im- 
proper language. 

Mr.  Neilson  said,  the  Petition  was  that  of  a  man  who  had  been  ruined,  by 
acts  not  authorized  by  law.  He  was  feeble  in  body,  and  in  mind ;  the 
resuh  of  the  persecution  which  he  had  sustained,  and  he  thought  the  House 
should  overlook  the  informality.  The  Petition  desired  merely  that  the  House 
would  act  upon  the  Report  of  a  Committee  of  the  House,  of  last  session,  and 
the  address  then  adopted. 

Dr.  Dunlop  said,  that  it  would  be  in  the  recollection  of  the  House,  that  he 
had  brought  the  case  of  Mr.  Gourlay  before  the  House,  at  its  last  session. 
If  the  Petition  was  unparliamentary,  it  was  not  to  be  wondered  at.  That 
individual  had  sustained  persecutions  —  terrible  persecutions  —  for  the  spac 
of  twenty-five  years.  He  had  been  ruined  in  his  fortune,  in  his  health  ;  and , 
it  was  not  too  much  to  say,  that  his  mind  had  been  shattered  by  disease 
In  such  a  case,  it  would  be  a  hardship  for  the  House  to  deal  strictly  with  his 
petition.  It  was  only  last  year  that  he  had  taken  from  above  his  head,  the 
sentence  to  hang  him.  The  Governor  had  the  power  to  order  the  sheriff  to 
hang  him  up,  as  he  had  said  before,  even  at  the  lamp  posts  of  the  House. 
He  hoped  the  House  would  look  compassionately  and  humanely  on  the  frail- 
ties of  a  man,  who  had  been  so  much  abused.  ,  •   •., 

The  address  was  read,  and,  on  the  motion  being  put,  was  received.  Mr. 
Neilson  then  moved,  seconded  by  Dr.  Dunlop,  that  the  Petition,  with  the 
Report  and  Address  of  last  session,  be  referred  to  a  Committee  of  five. 


i 


78 


CORRESPONDENCE. 


Js'o.  1.  St.  Catharines,  September  10,  1842 

My  DEAii  Sir:  I  have  this  moment  perused  the  (lovernor  General's 
speech  ;  and,  presuming  that  you  are  now  at  your  post  in  Kingston,  as  a  leg- 
islator, I  beg  leave  to  call  to  mind  my  business  there,  last  session. 

You  brought  to  the  notice  of  the  Legislative  Assembly  my  Petition, 
which  Doctor  Dunlop  took  the  lead  in  advancing :  and,  with  aid  of  Mr 
Visjer,  Mr.  Price,  and  Capt.  Steele,  it  was  ably  and  favorably  rejjorted  upon. 
The  Report  was  unanimously  agreed  to  by  the  House,  and  obtained  the  sig- 
nature of  Lord  Sydeidiam. 

Three  weeks  after  his  death,  the  Administrator  of  the  government,  ordered 
payment  to  me  of  JCoO,  with  apology  that  want  of  funds  forbade  further 
advance  ;  and,  thus  satisfied,  I  immediately  resolved  to  go  home  to  Scot- 
land. You  saw  meat  Quebec,  on  my  way  ;  but,  the  non-arrival  of  Sir  Chas, 
Bagot,  rendered  it  necessary  for  me  to  return  to  Kingston.  There,  to  my 
astonishment,  I  was  served  with  a  Report  of  'o  Committee  of  Council, 
withstanding  your  Report ;  and,  thus,  my  motions  homeward  were  stayed.  I 
was  confined  four  months  to  the  house  with  ill  health,  at  Kingston  ;  and 
since  have  been  moving  from  place  to  place  for  recovery.  Here,  I  am  trying 
the  effect  of  the  warm  salt-water  baths  ;  but  am  ready,  at  a  call,  to  return  to 
Kingston,  for  a  final  settlement  of  my  most  distressing  case  —  at  this  junc- 
ture, more  especially  distressing,  as  luy  mother-in-law,  (sister  of  the  late 
Judge  Hamilton,  of  Queenstown.)  died  in  Scotland,  last  May  ;  and  my  two 
unniarried  daughters,  of  wlfom  she  was  the  stay,  since  their  mother's  death, 
now  require  my  protection. 

The  object  of  this,  is  to  ask,  if  you  can  immediately  bring  up  my  business 
before  the  House,  or  if  I  must  again  petition  for  that  end.  At  your  earliest 
convenience,  you  will  oblige  me  with  reply. 

Yours  most  respectfully, 

The  Hon.  John  Neilson.  ROBERT  T.  GOURLAY. 

P.  S.  I  shall  lose  no  time  in  attending  in  Kingston,  if  you  think  it  neces- 
sary for  me  to  be  there.  R.  F.  G, 

No.  2.  Kingston,  September  14,  1842. 

My  dear  Sir:  I  was  favored  with  your  letter  of  the  10th,  this  morning. 
I  think  you  had  better  petition,  stating,  in  as  few  words  as  possible,  the 
facts,  attending  your  case,  since  the  Report  of  last  year,  and  send  it  to  any 
member  you  please. 

I  remain,  your  very  obedient  humble  servant, 

J.  NEILSON. 
Robert  F.  Gourlay,  Esq. 


No.  3.  St.  Catharines,  September  28,  1842. 

My  dear  Sir:  I  have  just  read  a  newspaper,  whereby  it  appears,  you 
presented  my  Petition,  and  procured  a  Committee.  Understanding,  also,  that 
the  House  will  be  prorogued  to-morrow,  I  lose  no  time  to  beg  of  you  to  send 
me  the  Committee's  Report ;  as,  with  that,  I  would  immediately  leave  this 
place,  ^Yhere  the  baths  have  availed  little,  and  proceed  for  the  sea-board 
and  the  South,  in  quest  of  better  health. 

Yours  respectfully, 

ROBT.  F.  GOURLA^'. 

The  Hon.  John  Neilson. 

P.  S.     I  mailed  for  you  No.  6  and  7  of  the  'Banished   Briton,' that 


79 


\NADA  CONVENTION, 


R.  F.  G. 


you  might  road  the  thansacttons  of  thk  Upper  Cxi 
m  1818.     Did  they  come  to  hand  >.  * 

xTjj  4  QuKENSTON,  S<>ptembpr  30,  1842. 

My  dear  Sir:  Undorstimdin- that  pavliument  was  to  bo  proro|.nied  yes- 
terday, I  wrote  you  from  St.  Catharines,  be-nn-  to  be  iavored  with  a  copy 
of  the  Committee's  Report,  in  my  case:  but,  at  this  p  ace  Mr.  J  hmburn 
tells  me,  the  proro<ration  will  not  be  for  some  time  ;  and  that  may  admit  ot 
furlher  consideration  of  the  case.  ,   •   /■        i  i    * 

UV  new.spapers,  I  observed,  uiy  Petition  was.  considered  i«/bma/,  but  re- 
ceived, on  the  jrroun'l  that  '^  iiifinnity  of  mind  "  had  caused  t]H'.wJormal,ty.  I 
cannot  see  VTh7^rein  there  is  any  t nf arm aUty  :  and,  a  though  the  lanpuaire  is 
stron-.  and  a  complaint  a-ainst  the  Executive  may  be  exUaordniary,  still,  1 
presinne  it  warrantable,  if  allegations  can  b(>  proved  ';  Back  stair  s  intlu- 
Snces  and  underhand  plots,"- have  existed :  -"^''/f  «^'f  "^- ^^'^  "V^^^^" 
pose  them?  I  thou-ht  a  commission  best  suited  for  this  :  and  ^latrara 
District,  the  best  place  for  examination.     Should  you  think  Kingston  best,  I^ 

am  ready  to  iro  there,  on  a  call.  ^    r  »\      v,. 

In  my  petition,  I  sky  nothing  of  the  argument  of  the  Report  of  the  Ex- 
ecuUvTcouucil,  because  I  conceived  you.  am  others,  who  drew  up  the 
Repor'on  my  case  last  year,  fully  able  to  refute  it     But,  I  will  here  charac- 

4:;ji^^&f  ;:;;r's.rJrr;h;x;tt  ':^^l.  . .. 

^the-H^JoHN  NELSON.  '--^!^i:^^    ROBERT  F    GOURLAY. 

iiic  x^yj  QuEENSTON.  Octobcr  12,  1842. 

My  dear  Sir:  I  left  St.  Catharines,  this  day,  after  waiting  a  week,  there, 
in  exp^c'atL  of  hearing  from  you,  or  some  one  o  the  Committee,  and  am 
now  on  my  way  for  Avon  Springs,  in  quest  of  ^^^a  th 

The  Report  of  last  year  can  be  sustained,  or  it  cannot.  It  it  can.  there 
still  may  rquestion  as  to  whether  an  act  should  be  passed  iorcompen- 
sat  n^me.  or  an  address  to  the  Throne,  for  the  same  encl      It  struck  me,  last 

tions,  under  the" title,  "  Chronicles  of  Canada. 
t  The  following  copy  of  a  letter  to  Dr.  Dunlop  will  best  shew  my  opinio      ct  that  time. 
•'  Kingston,  Sept,  15,  1841. 

'"roStiiS  e\VrneT'n1  ^'rtZi  affldavi.,,  whi  A  made  good  my  case  ; 

su^ect  to  the  rule  of  clelaj.,/or  twenty-four  hours. 

the 
'S"oUl^ev«neerme%T;uS•»:^ord£n;^s■sS^^^^^^^^ 

°'irirl:&3t  SJ^S\rfflrJcE;;y'l.ed  a„d  .en  u„de.s.ood , 


r 


It 


80 

on  my  own  part,  I  shall  not  give  up,  on  any  terms ;  least  of  all,  to  be  treated 
as  an  object  of  compassion.  .     i  r  i 

If  the  House  is  resolute,  as  to  my  right,  and  time  is  required  lor  comple- 
tion, I  trust  the  recommendation  ot  last  year,  as  to  the  intinim  payment  of 
my  expenses,  ^- while  before  the  Legislature,  defending  the  rights  of  a  Brihsh 
subject,"  should  not  be  forgotten.  By  inspection  of  parliamentary  jour- 
nals, it  will  be  found,  that,  I  have  been  before  the  Legislature  since  April, 
1836  •  and,  a  year  ago,'  I  M^as  paid  fifty  pounds  ! !  — with  an  apology,  it  is  true. 

Lest  the  House  should  be  prorogued  before  this  reaches  Kingston,  I  shall 
despatch  a  copy  for  Capt.  Steele,  that  the  Province,  both  east  and  west,  may 
whness  my  protest  against  delay,  more  cruel  than  the  worst  decision. 

Yours,  respectfully,  ROBERT  F.  GOURLAY. 

The  Hon.  John  Neilson.        

^^0.  6.  House  of  Assembi-y,  10  October,  1842. 

Dear  Sir:  A  message  has  just  been  received,  from  the  Governor,  that  he 
has  directed  fifty  pounds  to  be  paid  to  you,  annually,  as  a  pension,  in  con- 
sideration of  your  losses  and  suflerincs.     It  is  out  of  the  CivU  List. 
'      I  remain,  very  sincerely,  your  most  obedient  servant, 

R.  F.  GouRLAY,  Esq.  J-  NEILSON. 

No.  7.  St.  Catharines,  November  1,  1842. 

Dear  Sir:  In  consequence  of  my  absence,  at  Avon  Springs,  your  letter 
of  10th  instant  is  only  now  received. 

That  you  have  meant  to  befriend  me,  I  doubt  not ;  but  all  offering,  on  the 
score  of  compassion,  I  must,  in  duty  to  myself  and  family,  spurn  as  insult ; 
nor  could  there  be  greater,  than  placing  me  on  the  Civil  List  of  Canada, 
with  a  pension  of  fifty  pounds  a  year,  ''  in  consideration  of  losses  and  sitffer- 

I  shall  lose  no  time  in  quitting  the  country,  where  I  have  been  so  insulted ; 
and,  should  God  grant  means,  the  world  shall  be  made  acquainted  with  my 
reasons,  a;t  length^  Yours,  faithfully,  ^r.,r^T  .^r 

'  °  ROBERT.  F.  GOURLAY. 

The  Hon.  John  Nkilson,  M.  P.  P. 

No,  8.  Boston,  July  29,  1843. 

My  dear  Sir:  It  appears  by  newspapers  this  day,  that  the  Canada  Par- 
liament is  prorogued  till  31st  August,  and,  then,  not  to  meet  for  despatch  of 
business.  Possibly,  I  may  be  dead  before  it  really  does  business  ;  but,  hav- 
ing printed  all  papers  essential  to  a  right  understanding  of  my  case,  I  tiust 
that  justice  will  at  least  be  done  to  my  family,  from  whom  I  have  been 
separated  twenty-six  years  by  wrongs  in  Canada. 

Assured  that  you  and  the  great  majority  of  the  legislature  have  ever  meant 
well  by  me,  I  now  make  over  to  my  family,  that  same  good  will.  As  to 
myself  it  matters  little  even  should  the  heavens  fall. 

Very  truly  yours,  ROBERT  F.  GOURLAY. 

The  Hon.  John  Neilson,  M.  P.  P. 


for,  were  my  case  to  stand  for  one  for  which  the  People  are  answerable,  and 
demand  a  grant  out  of  the  taxes,  then  the  Legislative  Council  must  be  consulted  ; 
and,  even  were  that  Body  acquiescent,  the  lapse  of  time,  alone,  would  jeopardize 
my  fate. 

I  think,  if  you  would  weigh  these  arguments,  and  see  the  matter  as  I  do ;— mention 
the  case  to  the  Speaker;  and  then,  plainly,  state  to  the  House,  whore  the  error  lies, 
all  may  yet  be  wftll  finished,  and  1  relieved  from  an  almost  intolerable  load. 

The  opinion  of  the  House  being  expressed  to  the  Governor,  1  could  return  to 
Britain,  —  rejoin  my  family,  and  be,  there,  compensated  by  the  Government. 

Yours,  &c. 

William  Dunlop,  Esq.  ROBERT  F.  GOURLAY. 


THE 


MMFITlEJMIIAR. 


No.  9. 


COPY-LETTERS. 
No.  1.  To  His  Honor,  the  Mayor  of  Boston. 

Sir  :  Having  resided  in  this  city  four  months,  and  had  much  enjoyment, 
with  improved  health,  walking  in  your  glorious  Common,  I  would  now,  about 
to  depart,  gladly  leave  behind  a  token  of  gratitude  and  usefulness. 

The  accompanying  Testimonials  shew  that  I  was  once  a  Farmer :  and, 
assured  of  this,  you  will  be  more  disposed  to  listen  to  what  follows  : 

The  Common,  I  understand,  was  once  pastured  with  cows,  and  a  friend 
tells  me  he  used  to  have  pleasure  looking  at  them:  nevertheless,  they  were 
objected  to  and  excluded.     I  would  substitute  sheep,  — ewes  and  lambs; 
but  all  exclaim  against  this.     Sheep,  they  say,  would  never  do:  boys  and 
doers  would  chase  them  ;  they  would  run  off;  they  would  soil  the  paths,  and 
bark  the  trees.     No  such  thing.     I  would  construct  a  moveable  fold,  elevated 
six  feet,  with  an  inclined  gangway  for  entrance.     The  floor  should  be  per- 
forated for  drainage  of  all  moisture;  and  hatches  made  for  the  ready  dis- 
charge cf  dung.     Near  the  Common  is  a  depot  for  street-sweepings.     Over 
these,  I  wo-.l(f  place  the  fold,  moveable  at  pleasure,  on  rails,  so  that  drop- 
pings would  be  mixed  with  these   as  manure,  economically.     In  England, 
I  had  five  hundred  ewes  and  upwards,  with  their  lambs,  which,  from  the 
middle  of  March  till  the  second  week  of  May,  were  fed  on  fifty-two  acres  of 
water-meadow,  and  folded  on  arable  land  preparing  for  a  crop  of  barley. 
The  sheep  were  let  run  from  the  fold  towards  11  o'clock,  and  driven  back 
from  the-  meadow    about    3.     Evening    and    morning  they  had  hay   m 
cribs:  but,  of  this,  they  ate  little,- their  principal  food  being  the  grass,  on 
which  they   throve  surprisingly.      Hastening  to  the  meadow  they   dropt 
nothincr;  and,  returning,  swell'       Ike  full  blown  bladders,  they  let  hltle  fall 
by  the°way,-the  food  in  theu  stomachs  being  yet  too  crude  for  discharge. 
Thus  no  filth  was  to  be  seen. 

Ewes  and  lambs  let  run  twice  a  day  on  the  Common,  three  hours  each 
time,  would  need  no  hay.  A  man,  with  a  dog,  would  manage  all,  and  protect 
them  from  annoyance.  Citizens,  both  old  and  young,  would  admire  the 
animals,  and  hold  them  sacred.  Let  out  to  pasture  hungry,  the  sheep  would 
not  loiter  on  paths  to  soil  them ;  and  the  few  trees,  yet  of  tender  growth, 
could  be  fenced  in  ;  although,  in  fact,  the  flock,  having  abundant  grass,  would 
touch  none  of  them.-  Ewes  with  lambs  could  be  purchased  when  required  ; 
the  lambs,  when  fit  for  the  butcher,  sold  off"  gradually ;  and  so,  after^vards,  the 


r ': 


ii 


w 


Wi 


82 

ewes,  till  the  whole  concern  was  closed  with  the  season.  Any  American  Far- 
mer can  calculate  the  profit :  I  would  guess,  at  least  a  thousand  dollars  a  year 
Sometimes,  in  England,  I  have  let  my  water-meadow,  for  spring  feed,  as  it 
was  called,  from  the  middle  of  March  till  the  second  week  of  May,  for  £2 
sterling  per  acre.  The  owner  of  the  pasturing  stock  found  hay,  and  I  had 
the  manure,  to  boot,  from  his  sheep  folded  on  my  land.  —  To  the  city  of  Boston 
profit  is  a  secondary  concern  :  but,  by  pasturing  only,  can  the  Common  be 
most  beautilied.  Look,  at  this  moment,  to  the  mowing  system,  and  see  how 
objectionable  it  is.  No  where  is  the  mowing  well  done :  in  some  places,  as 
ill  as  possible ;  and,  in  other  places,  the  grass,  run  to  seed  and  wirey,  cannot 
be  mowed.  The  hue  of  the  verdure  is  not  uniform,  nor,  so  pleasant  to  the 
eye,  as  it  may  be,  by  pasturage.  Under  the  mowing  system,  the  grass  is  never 
fit  for  walking  on  ;  certainly  not  when  wet  with  rain  or  dew  :  nor,  thus  trea- 
ted, is  the  Common  available  for  fetes,  and  reviews.  Let  it  be  pastured  with 
sheep,  levelled  where  required,  weeded,  top  dressed,  and  rolled,  —  I  shall 
engage  that,  in  a  few  years,  the  surface  may  be  trod  on,  at  all,  times  with 
comfort ;  and  rival,  in  appearance,  the  finest  carpet. 

Having  read  this  letter,  may  I  beg  of  you  to  honor  me  by  laying  it  before 
the  Board  of  Aldermen.  Most  respectfully  yours, 

ROB.  F.  GOURLAY. 

Marlboro'  Hotel,  June  15, 1843. 

No.  2. 

Sir  :  Understanding  that  you  laid  before  the  Board  of  Aldermen,  my  letter 
of  June  15,  I  now  beg  you  will  do  me  like  honor,  by  laying  this,  with  the 
accompanying  Map  of  a  Pagoda  and  Flower  Garden,  before  the  same. 

When  summer  set  in,  nothing  seemed  to  me  so  unaccountable  as  the 
Common  not  being  frequented  by  Ladies.  By  and  by,  it  occurred,  that  want 
of  proper  resting  places  caused  this ;  and  seated,  daily,  on  the  eminence 
beyond  the  Big  Tree,  at  once  to  rest  and  enjoy  the  delightful  prospects  —  the 
stirring  scenes  on  the  railways,  and  beautiful  country  beyond,  —  Roxbury, 
Brighton,  Brookline,  &c.  &c.  it  struck  me,  that,  a  Pagoda  erected  on  that  spot, 
with  a  Flower  Garden  adjoining,  and  a  Refectory,  would  supply  every  want. 

For  some  weeks,  1  have  been  employed  drawing,  and  submitting  Plans  to 
my  friends.  All  pronounce  the  idea  a  happy  one  ;  but  some  say  it  cannot  be 
executed,  because  of  an  ancient  charter,  which  forbids  building  on  the  Com- 
mon. This  I  hold  at  naught,  assured  that  it  never  could  be  contemplated  to 
bar  out  what  would  promote  the  chief  end  of  the  Common,  — recreation  and 
enjoyment  to  the  citizens  at  large.  Such  objection  might  be  urged  against 
gates,  fences,  and  fire-works. 

My  plan  would  not  be  costly ;  nay,  I  would  ensure  ten  per  cent,  on  any 
outlay  of  money,  for  any  term  of  years. 

The  first  floor  of  the  Pagoda  I  \vould  make  free  to  all ;  and  exact  payment 
from  those  choosing  to  ascend  the  Pagoda,  or  walk  in  the  Garden. 

People,  with  whom  I  have  spoken  on  the  subject,  say  that  nothing,  in  Bos- 
ton,  would  be  so  profitable  ;  and,  ihat  cash  would  readily  be  advanced  to  the 


88 


City  Authorities,  for  execution :  certainly,  nothing  could  contribute  so  much 
to  heal:h,  and  happiness. 

Mounting  the  State  House,  or  the  Monument,  thence  to  view  scenery  unri- 
valled on  this  continent,  is  toil  —  disagreeable  toil ;  and,  at  the  top,  there  is  no 
comfort.  The  Pagoda,  having  an  easy  stair,  might  be  ascended,  even  by  the 
old  and  infirm,  resting  stage  after  stage,  and,  tempted  on,  by  the  growing  glory 
around.  At  the  top,  the  view  would  be  little  less  extensive  than  from  the 
State  House  or  Monument:  otherwise,  it  would  be  superior, —free  from 
giddiness,  and  fringed  below,  on  the  foreground,  with  foliage.  The  Telescope, 
too,  would  be  an  attraction,  to  be  used  either  for  the  survey  of  the  earth  or 
the  heavens. 

It  has  been  hinted,  that,  my  being  a  Foreigner  will  militate  against  adopt- 
in:?  the  Plan.  Surely  not.  Successors  of  the  Pilgrims  will  ever  keep  in 
mind  that  they  were  Foreigners.  Besides,  were  my  history  known,  it  would 
be  allowed  that  no  one  has  better  claims  to  nursing  in  tl ;  Cradle  of  Liberty, 
—  a  martyr  to  freedom,  since  the  year  1808. 

I  have  been  detained  here  months  beyond  expectation ;  but,  the  more  am 
I  attached  to  your  famed  city,  and  the  more  am  I  disposed  to  contribute  my 
mite  towards  its  improvement. 

Your  obed't  and  very  humble  servant, 

ROB.  F.  GOURLAY. 

Marlboro  Hotel,  July  11,  1843. 

No.  3. 

Sir:  —  It  was  not  my  intention  again  to  trouble  you ;  but,  the  wretched  appear- 
ance,—the  ''green  and  yellow  melancholy;'  of  the  Common,  at  this  time,  urges  me 
to  write,  and  to  say  that  it  might  be  otherwise.  In  short,  Sir,  I  would  engage,  as 
an  Agriculturist,  that  its  verdure  could  be  kept  bright  all  summer;  and  more, 
that  you  may  have  grass  in  Spring  earlier,  and,  in  Fall,  later,  — thus  increasing 
the  enjoyment  of  citizens  — objects,  surely,  worthy  of  consideration. 

I  came  to  Boston,  solely  to  be  at  the  nearest  point,  in  the  United  States,  for  cor- 
respondence with  my  family  in  Scotland;  and,  sam.  time,  to  be  in  the  line  of 
communicating  with  Canada,  where  I  have  property  and  business.  In  Boston,  I 
have  had  much  satisfaction  every  way,  and  infinite  pleasure  walking  in  the  Com- 
mon. To  Boston  and  its  people,  I  have  become  attached ;  and,  confiden'  that  my 
suggestions  may  be  made  available  for  the  improvement  of  the  City,  I  hereby 
offer  my  services  to  realize  the  same. 

First  :  —  I  will  engage,  by  pasturage,  to  make  the  Common,  instead  of  a  bill  of 
expense,  profitable  ;  while  the  surface  shall,  at  all  times,  be  in  the  best  condition 

for  walking  on.  •       i    i  •  j 

Second:  — I  will  ensure  ten  per  cm^  interest,  on  any  money  judiciously  laid 
out  on  a  Pagodx  and  Flower  Garden,  as  planned  by  me. 

Third  :  —  I  will  engage  to  effect  what  is  above  set  forth,  cis  to  the  verdure. 
As  I  am  to  remain  here  till  Saturday,  the  Authorities  may,  if  they  incline,  see 
and  converse  with  me,  on  the  whole  matter  :  — and,  meantime,  you  will  honor  me 
by  laying  this  letter  before  tae  Board  of  Aldermen. 

Respectfully  yours, 

ROBERT  F.  GOURLAY. 

Marlboro'  Hjtet,  July  17, 1S43. 


ill 


M 


111 


84 
lb  the  Prtndent  of  the  Common  Council  of  Botton  City : 

TO    BE    COMMUNICATED. 

Sir :  —  Probably,  all  communications,  laid  before  the  Board  of  Aldermen,  are  sub- 
mitted to  the  Council;  but,  as  I  am  little  known  here,  and  my  letters,  written  at 
different  times,  might  not  be  attended  to,  in  connection,  I  have  thought  it  well,  to 
write  out  the  above  copies,  together ;  begging  you  will,  in  this  form,  present  them 
to  the  Council. 

It  was  iny  wish,  also,  to  annex  a  corrected  Plan ;  but  feeble  health  forbids. 
I  have  the  honor  to  be,  Sir,  your  obed't  serv't, 

ROBERT  F.  GOURLAY. 
Marlboro''  Hotel,  July  19,  1843. 


City  Hall,  Boston,  July  21,  1843. 
Sir,  —  I  have  the  honor  to  acknowledge  receipt  of  your  several  communica- 
tions, in  relation  to  the  Common,  in  this  City,  which  I  have  laid  before  the  Com- 
mittee on  the  Common,  &c.  I  am  directed  to  inform  you,  that  the  Committee  do 
not  consider  themselves,  or  the  City  Governr.ent,  authorized  to  place  a  building 
of  any  kind  on  the  Common,— the  citizens  hairing  especially  reserved  that  power, 
in  their  own  hands.  The  Committee  do  not  deem  it  expedient  to  keep  sheep  on 
the  Common.  Respectfully,  your  obedient  servant, 

M.  BRIMMER,  Mayor. 

R.  F.  Go  URL  AY,  Esq. 

It  now  appearing,  that  the  Citizens  at  large  have  to  determine,  the  whole,  is 
respectfully  submitted  to  their  deliberate  judgement. 

ROBERT  F.  GOURLAY: 

Marlboro'  Hotel,  July  21, 1843. 


SLEEPLESSNESS. 


To  the  Editor  of  the  Boston  Medical  and  Surgical  Jonntal. 

Sir,  —  As  you  desire,  for  publication,  an  account  of  my  extraordinary  sleepless- 
ness, I  make  you  welcome  to  what  follows  :  — 

During  three  periods  I  have  been  bereft  of  sleep  : — first,  in  1833,  for  six  weeks  ; 
again  in  1837,  for  live  months  ;  and,  now,  these  last  four  years  and  five  months. 

Prior  to  the  first  period,  I  never  suffered  from  want  of  sleep  ;  although,  at  times, 
little  sufficed,  for  refreshment.  My  constitution,  naturally  sound  and  vigorous,  was, 
till  forty  years  of  age,  sustained  by  healthy  exercise,  as  a  farmer  —  riding  and  walk- 
ing much  ;  indeed,  walks  of  thirty  or  forty  miles  a  day,  in  no  way  distressed  me. 
In  the  year  1819  I  was  cruelly  imprisoned  in  Canada,  ('  illcgallv,  unconstitutionally, 
and  without  excuse  or  palliation,'  as  \he  present  Legislative  Assembly  has  declared,) 
during  eight  months  ;  the  last  of  which,  in  solitude  and  stifling  heat,  undid  me  ;  and, 
for  three  years  thereafter,  I  was  debilitated  ;  nor  should  I  ever  have  regained  energy, 
but  for  a  resolution  to  go  to  h?rd  labor,  which  I  did  for  upwards  of  three  months,  — 
breaking  stones  for  the  roads  in  Wiltshire,  England,  and  living  on  the  earnings, — 
sixpence  a  day:  viz,  from  September 9,  till  December  23, 1822,  as  minutely  detailed 
in  Parliamentary  Journals. 


^^m 


IS 


8- 


s; 


IS, 

k- 
le. 

h) 

Id, 


TO  THE  CITIZENS  OF  BOSTON. 


Ladies  and  Gentlemen  : 

Informed  by  His  Honor  the  Mayor,  that  you  '\haye  re- 
served in  your  own  hands  the  power  to  place  a  building  on 
the  Common,^'  I  have  caused  plates  to  be  engraved  for 
your  better  understanding  my  Plaa  of  a  Pagoda,  &c. 

Permit  me,  therefore,  to  submit  the  same  to  your  mspec- 
tion ;  and,  if  approved  by  the  majority,  it  will  be  easy  to 
decide,  at  next  annual  election,  whether  or  no  the  work 
cViqii  nroceed* 

My  offers  to  execute  we  made  to  arrest  attention,  as 
matter  of  business.  If  required,  1  would  adhere  ;  bemg 
certain  that  all  could  be  done  to  profit ;  but,  I  wish  no 
job  of  the  kind  ;  and  many  are  better  qualified,  for  exe- 
cution than  I  am. 

Before  the  question  is  settled,  I  shall  be  gone  hence : 
but  shall  ever  bear  in  mind  pleasing  recollections  of  Bos- 
ton, where  I  have  had  more  enjoyment  than  I  could  have 
had  any  where  this  side  the  Atlantic,  from  general  intelh- 
aence,  moral  discipline,  and  steady  habits  ;  —  much  more 
than  I  have  experienced  in  any  other  city  —  London, 
Edinburgh,  or  New  York  :  —  enjoyment,  which  has  sooth- 
ed me  under  cruel  circumstances ;  and,  which,  will  be  con- 
tinued, should  I  succeed  in  adding  to  your's. 
Meantime,  accept  the  best  wishes  of 

Your  obedient  and  very  humble  servant, 

Robert  F.  Gourlay, 

Marlboro^  Hotel,        > 
September  15,  1843.  ) 


ed 


PLAN  AND  ELEVATION 


OP 


A  PAGOM,  witli  a  FLOWER  GARDEN,  in  Boston  Common. 


RESPECTFULLY  DEDICATED 


TO 


The  good  taste ;     somd  judgment  of  the  Citizens  at  large. 


FIRST  FLOOR. 


BASEMENT. 


LLLUi 


5     iqScfOaj^R^^ 


30 


PLANS. 


THE    SCIENCE    OF    CITY    BUILDING. 


Landed  at  Quebec,  May,  1817, 1  was  immediately  struck  with  the  miser- 
able planning  of  that  city ; — some  of  its  principal  streets  being  from  fifteen  to 
twenty  feet  wide,  only.  At  Montreal  it  was  better.  At  Kingston,  well,  in  this 
respect ; — the  streets  being  seventy  feet  wide ; — sufficient,  where  the  length  is 
not  great,  or  the  stream  of  commerce  excessive. 

At  Buffalo,  the  main  street  appeared  too  wide ;  for  there  is  a  limit  beyond 
which  inconveniences  are  experienced ;  and  this  was  more  apparent  at  Can- 
andaigua. 

At  Detroit,  December  of  the  same  year.  General  Macombe  laid  before  me 
a  plan  for  the  extension  of  that  city ;  and,  then,  it  first  dawned  on  my  mind, 
that  City-building  might,  and  should  be  reduced  to  a  science,  of  incalculable 
value  in  America,  where  thousands  of  cities  are  yet  to  be  founded.  This 
idea  has  been  cherished  ever  since ;  and,  in  London,  Edinburgh,  New  York, 
Cleveland,  and  Kingston,  I  have  employed  spare  time  in  drawing  plans,  with 
a  view,  uUimately,  of  illustrating  the  science.  This  study  gave  rise  to  the 
present  proposal  of  building  a  Pagoda  on  the  Common ;  and  other  improve- 
ments are  contemplated  for  Boston,  which  may  yet  be  spoken  of. 

At  Edinburgh,  in  1829,  I  published  Plans  for  the  improvement  of  that  city, 
with  a  proposal  to  institute  a  society  iur  promoting  the  "  science  of  Citv-build- 
ing; "  and  in  1831,  sent  one  of  my  Plans  to  General  Macombe,  at  Washington, 
to  prepare  the  way  for  cooperation,  on  this  continent;  but,  as  yet,  all  my  proj- 
ects have  been  marred  with  untoward  circumstances,  and  endless  per- 
secution. 

I  now  flatter  myself  that,  in  this  "Cradle  of  Liberty,"  my  suggestion 
may  be  acted  on,  and  Boston  become,  also.  The  Cradle  of  the  arts  and 
sciences.  A  society  for  advancing  the  science  of  city  building  may  be 
instituted  by  any  dozen  individuals  of  taste  and  liberality.  They  could 
easily  "et  a-going  a  Periodical  which  would  pay,  and  secure  coopera- 
tion from  all  parts  of  the  Union.  In  all  parts,  people  are  at  work  planning 
buildings  of  every  description, — ^villages  and  cities ;  and,  a  central  point,  either 
to  draw  intelligence  from,  or  to  send  intelligence  to, — hints,  essays,  plans, 
&c.,  would  be  highly  beneficial. 

I  could  furnish  materials  for  several  numbers  of  the  Periodical  to  begin 
with;  and,  once  begun,  materials  would  overflow.  The  society,  indeed, 
would  only  have  to  meet  an  hour  or  two,  once  a  week,  or  once  a  month,  to 
select,  and  cause  to  be  digested,  the  voluminous  matter. 

At  present  I  can  only  throw  out  these  hints ;  but  these  may  suflice. 

R.  F.  G. 


80 

In  the  year  1824, 1  was  again  confined  by  British  tyranny,  in  London,  three  years 
and  eight  months ;—  the  purpose  being  to  make  me  appear,  to  the  world,  insane ;  and, 
thus,  have  my  influence  with  the  people  destroyed.  I  weathered  this  persecution 
by  living  on  vegetable  food ;  and,  being  free  from  all  excitement,  the  time  passed 
away  happily.  During  this  confinement,  I  had  need  of  very  little  sleep ;  and,  the 
greater  part  of  my  time  in  bed,  never  more  than  six  hours,  was  given  to  reveries, 
chiefly  as  to  schemes  for  bettering  the  condition  of  the  laboring  poor,  plans  for 
laying  out  land  in  the  wilderness,  and  studies  for  city  building,  which  I  contempla- 
ted, and  still  do,  to  reduce  to  a  science. 

It  was  during  this  period,  I  think,  that  a  habit  of  living  without  sleep  began  to 
form.  From  March,  1S28,  till  November,  1833,  I  was  tortured,  in  Scotland,  with 
unsettled  affairs;  but,  generally  in  the  best  health;  and  could  walk,  from  morn 
to  night,  without  fatigue,  while  four  or  five  hours  of  sleep  was  quite  enough  for  rest 

and  enjoyment. 

November  5, 1833, 1  left  Edinburgh  at  six  o'clock,  P.  M.,  in  a  canal-boat,  on  my 
way  for  America  —  choosing  such  conveyance  that  I  might  be  along  with  my 
trunks,  containing  valuable  books  and  papers.  The  boat  was  an  iron  one,  and, 
jarring  every  little  while  against  some  other  boat,  bridge,  or  lock,  subjected  me, 
reclining  in  a  vile  hold,  to  unspeakable  discomfort.  Sleep  was  out  of  the  question  ; 
and  I  had  none,  all  the  way  to  Glasgow,  which  we  reached  about  10  o'clock  next 
morning.  Taking  time,  on  shore,  only  for  breakfast,  I  forthM»th  had  my  trunks  con- 
veyed to  a  steamer  in  the  Clyde,  and  immediately  sailed  for  Greenock.  There, 
getting  on  board  the  steamship  Vulcan,  we  were  under  weigh,  for  Liverpool,  in  half 
an  hour.  We  ran  to  sea  in  the  teeth  of  a  hurricane ;  sheltered,  during  night,  in 
Lamlash  bay,  and,  by  earliest  dawn,  ran  through  a  stormy  ocean  to  Liverpool, 
which  we  reached  early  the  second  day.    These  two  nights,  like  the  former,  were 

Engaging  a  passage  to  New  York,  in  the  packet  ship  Pacific,  to  sail  next  morn- 
ing I  told  Captain  Wait,  how  I  had  been  deprived  of  rest.  He  recommended  a 
warm  bath  before  going  to  bed,  in  Liverpool.  This  procured,  I  believe,  some  sleep ; 
but  certainly,  from  Liverpool  to  New  York,  embarking  November  9,  and  landing 
December  22, 1  had  not  a  wink  of  sleep.  It  was  dark  when  we  landed.  I  resorted 
to  a  warm  bath,  got  into  a  comfortable  bed,  and  slept,  as  I  had  done  before  leaving 
Edinburgh ;  nor  did  I  again  want  sleep,  nightly,  for  three  years. 

Crossing  the  Atlantic,  my  sleeplessness  became  subject  of  conversation-  One 
prescribed  laudanum,  but  that  had  no  effect ;  another  opium,  which  also  failed ;  a 
third  said,  if  I  got  tipsy,  that  would  do ;  but  that  did  not.  I  drank  grog,  which  only 
made  me  sick,  and  that,  for  the  first  time,  at  sea. 

The  beginning  of  January,  1837,  while  lodged  in  a  tavern  at  WiUoughby,  Ohio,  I 
was  seized  with  erysipelas  in  the  leg,  a  disease  I  have  been  long  subject  to,  and 
during  five  months  was  without  sleep.  After  that  period,  sleep  returned  gradually 
For  many  weeks  I  dozed  by  times,  and  had  strange  dreams  ;  one  of  them  so  distinct 
and  beautiful  that  I  wrote  it  down,  and  it  was  really  worthy  of  record.  The  attack 
of  erysipelas,  conjoined  with  other  diseases,  rendered  me  lame  and  extremely  feeble 
during  the  remainder  of  my  stay  in  Ohio -eighteen  months;  and,  after  that,  for 
four  years  and  four  months,  in  Canada,  with  frequent  attacks  of  erysipelas  and 
rheumatism,  I  was  never  strong,  and  all  the  time  lame ;  often,  indeed  at  deaths 
door,  in  the  most  wretched  condition,  separated  from  my  family,  and,  for  the  most 
part  without  symDathv,  ora  friend  to  whom  I  could  unbosom  my  griefs.    The  loss 


86 

of  a  beloved  daughter  crowned  my  calamities,  and  finally  barred  out '  Nature'$  toft 
nurse.'  My  children,  four  daughters  and  a  son,  the  youngest  now  twenty-seven 
years  of  age,  grew  up,  every  way  well ;  and  my  great  consolation  was,  that  what' 
ever  befel  me,  still  my  family  would  be  prosperous  and  happy.  Alas !  when  least 
expecting  a  reverse  in  that  quarter,  even  when  glorying  over  pleasant  letters  re- 
cently received  from  my  daughters,  I  heard  that  the  second  was  dangerously  ill. 
I  lay  in  agony  two  weeks,  and  then  had  the  melancholy  assurance  of  her  death. 

'  Tired  nature's  sweet  restorer,  balmy  sleep, 
He,  like  the  world,  his  ready  visit  pays. 
Where  fortune  smiles.    The  wretched  he  forsakes ; 
Swift  on  his  downy  pinion,  flies  from  woe, 
And  lights  on  lids  unsullied  with  a  tear.' 

After  seven  months  of  this  period  of  sleeplessness,  I  consulted  Dr.  Widmer,  of 
Toronto,  reputed  the  most  experienced  physician  in  Upper  Canada.  He  advised 
to  dine  early,  and  eat  nothing  after,  before  going  to  bed ;  which,  till  this  day,  has 
afforded  the  most  comfort.  His  medicine  — acetate  of  morphia,  which  I  took  at 
two  distinct  times,  for  ten  days  together— had  no  effect.  Corresponding  vvith  the 
doctor,  he  expressed  an  opinion  that  my  sleeplessness  proceeded  from  excitement 
of  the  brain,  caused  by  ipuch  reading  and  writing  on  politics,  which  I  told  him 
was  an  entire  mistake,' as  I  read  and  wrote  little,  and  troubled  myself  not  at  all  with 
politics.  In  fact,  my  troubles  spring  from  unsettled  private  affairs,  as  my  family 
and  friends  well  know. 

After  three  years  of  this  sleeplessness,  being  in  Montreal,  I  advised  with  Dr.  Rob- 
inson, but  he  could  do  nothing  for  me.  Telling  him  that  few  would  credit  my 
accounts  of  sleeplessness,  he  said  he  could,  having  a  patient,  Mr.  Jamieson,  who  had 
not  slept  the  last  five  months. 

For  a  year  past,  I  have  been  attacked  with  no  disease ;  and  within  these  last  six 
months,  spent  on  the  sea  board,  have  been  gradually  regaining  strength  —  partly,  I 
think,  from  salt  air:  nor  do  I  despair  of  sleeping,  were  all  circumstances  favorable. 
Long  weakened  with  attacks  of  erysipelas,  I  am  not  able  to  take  that  degree  of 
exercise  which,  in  former  days,  contributed  so  much  to  brace  my  system  ;  neither 
have  I  now  sufficient  stimulus,  in  any  way.  With  these,  I  feel  confident  that  sleep 
might  be  recovered. 

Wherever  I  abide,  this  sleeplessness  has  been  matter  of  jest;  and  few  sympathize 
in  my  calamity,  one  of  the  most  trying  our  nature  can  be  exposed  to.  Fortunately, 
a  native  buoyancy  of  spirit  sustains  me  against  every  jest,  and  the  world's  humors 
are  repelled  by  my  own. 

Since  coming  to  this  city  of  '  notions,' where  everything  is  talked  about,  but 
nothing  decided,  I  have  been  beset  with  inquiries,  doubts  and  denials.  Some  pro- 
posed watching  me  night  and  day,  so  that  I  might  be  caught  napping,  and  this  they 
were  welcomed  to  do  ;  but  did  not.  I  then  cast  abroad  a  handbill,  offering  a  benefit 
to  any  charitable  society  who  might  choose  to  bring  together  a  multitude  for  won- 
derment, and  thus  have  a  fair  trial  instituted ;  but  none  have  come  forward ;  and 
doctors,  as  they  have  hitherto  differed,  may  differ  in  opinion  still. 

Various  books  on  the  subject  have  been  laid  before  me  — McNish  on  the  '  Phi- 
losophy cf  Sleep,'  and  John  Mason  Good,  M.  D.,  on  the  '  Study  of  Medicine.'  The 
first  author,  in  my  humble  opinion,  is  anything  but  philosophical.  He  amuses  with 
many  stories,  but  comes  to  no  conclusion  on  the  principal  subject  discussed.    He 


87 


mixes  up  absence  of  mind,  or  what  should  rather  be  called  intensity  of  thought,  with 
sleep,  which,  to  me,  appear  distinct  things.  He  speaks  of  sleeplessness  being  a 
•habit,'  and  '  habitual ;'  — states  that  General  Pichegru  did,  with  only  one  hour's 
sleep  a  day,  through  a  whole  year's  campaign,'  — and  mentions  others,  who  '  re- 
mained weeks,  months,  or  even  years,  if  authors  are  to  be  believed,  awake.'  Now,  why 
should  he  refer  us  to  authors,  thus  to  question  their  authority,  after  he  had  settled 
the  point  dictatorially ,  in  a  previous  chapter,  where  he  says,  sleep  '  cannot  in  any 
case  be  entirely  dispensed  with;'  and,  elsewhere,  deciding  against  the  entire  want  of 
it  as  'fabulous.'  —  Who  assured  him  of  this  1 

Dr.  Good  is  not  thus  contradictory.  He  sets  forth  views  and  theories,  support- 
ing them  with  instances  of  sleeplessness.  Mr.  Cooch,  he  says, '  gives  a  singular 
case  of  a  man  who  never  slept,  and  yet  enjoyed  a  very  good  state  of  health  till  hi3 
death,  which  happened  in  the  seventy-third  year  of  his  age.  He  had  a  kmd  of 
dozing,  for  about  a  quarter  of  an  hour,  once  a  day ;  but,  even  that  was  not  sound 
sleep,  though  it  was  all  he  was  ever  known  to  take.' 

Now,  Sir,  in  all  this  we  have  yet  no  certainty;  and,  opinion  after  opinion,  may  be 
advanced  without  any  good  whatever.  I  say,  a  tinal  issue  may  be  reached,  if  I, 
here,  in  Boston,  were  subjected  to  trial ;  and,  for  the  sake  of  science,-  to  have  a 
fact  established  curious  in  the  history,  habits,  and  constitution  of  man,  I  am 
willing  to  subject  myself  to  the  test.  ,  .  ,    x  ..  x. 

On  various  occasions,  I  have  been  almost  asleep,  but  do  not  think  I  have  abso- 
lutely been  so,  during  these  last  four  years  and  five  months.     In  September,  1840, 
I  travelled  with  only  one  short  pause  from  St.  Catharines,  Upper  Canada,  to  New- 
York  in  stages,  steamboats,  and  rail-cars;  talking  much  and  continually  excited 
with  varied  scenes  and  occurrences.    Arrived  at  New  York,  I  immediately  lay 
down  in  a  luxurious  bed,  closed  round  with  musquito  curtains  ;  and,  next  morn- 
ing declared  to  a  fellow-traveller,  that  I  would  be  unwilling  to  swear  that  1  had 
slept  none.     Nine  months  afterwards,  seated  in  the  door  of  my  log-house  in  the 
woods  of  Canada,  during  the  stillness  of  a  summer  evening,  and  when  the  air  all 
around  was  loaded  with  smoke,  I  verily  believe  I  would  have  slept,  had  not  a 
neighbor  roused  me.     Five  months  later,  in  Kingston,  thinking  all  my  vexations 
in  that  quarter  ended,  and  that  I  should  soon  rejoin  my  family  in  Scotland,  I  had  a 
delightful  night,  and  told  my  landlady  that  I  had  nearly  been  asleep  ;  and,  reaching 
Quebec  a  week  afterwards,  enjoying  the  same  hope,  and  worn  out  with  travel,  I 
dozed  and  dreampt,  which  is  certainly  an  approach  to  sleep^   Six  months  ago, 
reaching  Providence  from  New  York,  surrounded  with  agreeable  objects,  and  en- 
tertained, for  a  whole  day,  in  the  most  delightful  manner,  I  flung  myself  into  bed  ; 
and  if  Morpheus  did  not  obtain  dominion  over  me,  I  had  at  least  perfect  repose. 

These  approaches  to  sleep  are  acknowledged,  not  for  surrender  of  what  I  have 
maintained  invariably  ;  but  to  confirm  the  main  position.  In  Ohio,  two  persons 
came  into  my  bed-room,  while  my  head  was  covered  over,  and,  because  I  did  not 
speak  to  them,  said  I  was  asleep;  so,  here  in  Boston,  while  re'^lming  on  a  sofa, 
with  closed  eyes.  On  both  these  occasions,  I  knew  the  train  of  my  thoughts  per- 
fectly. In  another  place,  the  servant  who  put  on  my  fire  in  the  morning  reported 
that,  on  two  occasions,  he  had  found  me  asleep.  I  was  confident  he  had  not,  and 
tested  the  matter  another  n:orning,  unknown  to  him.  I  covered  up  my  head  ;  kept 
silent;  let  him  question  me  ;  and,  then  discovered,  that  it  was,  only  from  my  being 
attentive,  that  his  voice  was  audible,  through  the  covering. 

Both  the  doctors,  above  quoted,allow  that  sleep  may  be  dispensed  with  for  long 
periods;  and,  if  for  weeks  and  months,  why  not  for  years  and  xorevcr?     


fi:i 


88 

not  only  done  without  it  for  years  ;  but,  for  months,  have  simultaneously  suffered 
from  acute  pain,  and  torture  of  mind,  still  worse  than  that :  nor  could  I  have 
endured,  but  for  a  cherished  principle,  that,  to  endure  is  duty. 

I  have  tried  many  remedies:— -a  hop-pillow,  hop-tea,  &c.  &c.  &c.  "Winter 
before  last,  at  Kingston,  Canada,  in  great  misery  from  ae  deprivation,  I  resorted  to 
laudanum,  again  and  again  — fifty  drops,  seventy  drops,  ninety  drops,  and,  upwards 
of  a  hundred ;  yet,  still,  I  had  no  sleep.  Here,  in  Boston,  I  have  been  advised 
to  get  Mesmerized ;  and,  if  professors  of  that  art  are  willing  to  try,  they  may  try. 
Most  surely  to  succeed,  I  say,  —  Met  me  rest  from  persecution,  because  of  principles 
and  opinions,  which  has  been-  unrelenting  during  thirty-five  years  ;  give  me  my 
rights  as  a  British  subject  in  Canada,  and  deeds  to  land  there  vexatiously  with- 
held ;  restore  to  me  property  in  Britain  taken  out  of  my  possession  under  most 
iniquitous  pretences ;  and,  let  me  rejoin  my  children,  in  such  a  happy  home  as  I 
once  enjoyed." 

All  this  is  now  submitted,  frankly  and  sincerely,  to  your  learned  and  liberal 
profession.  Rob.  F.  Gouelay. 

Marlboro'  Hotel,  Boston,  May  10, 1843. 


SLEEPLESSNESS.—  CONTINUED. 
3b  the  Editor  of  the  Boston  Medical  and  Surgical  Journal. 

Sir, —  Tou  have  heard  of  my  sleeping  two  hours;  and  wish,  for  publication,  a 
detail  of  circumstances,  which  I  now  furnish. 

June  16,  the  British  steamer  being  to  sail,  I  was  employed  from  daylight  till 
noon,  writing  and  despatching  letter  .  Ten  minutes  past  12,  the  last  was  mailed. 
I  then  ran  to  a  newspaper  office,  purchased  the  paper  of  that  day,  and  mailed  it 
also. 

By  this  time  the  President  of  the  United  States  was  approaching ;  and  I  stood, 
in  heavy  rain,  till  the  procession  had  passed  the  post-office.  After  that,  I  was 
engaged  with  business  till  near  two  o'clock,  —  sometimes  in,  sometimes  out  of 
doors,  and  got  drenched.  Returning  home,  I  put  off  my  wet  clothes,  and  went  to 
dinner  at  half-past  2  o'clock.  About  3,  I  retired  to  my  bed-room ;  sat  down  to  read, 
having  pulled  off  my  coat  and  boots,  but  in  a  quarter  of  an  hour,  was  overpowered 
with  drowsiness ;  flung  myself  into  bed,  under  the  coverlid  ;  immediately  became 
warm ;  perspired ;  and,  soon  after,  slept,  soundly  and  certainly !  Awakening,  I 
deemed  it,  for  a  few  minutes,  morning ;  rejoiced  that  the  weather  looked  propitious 
for  the  Bunker-hill  celebration ;  but,  feeling  my  clothes,  became  undeceived ; 
started  up ;  looked  from  my  window  to  the  Old  South,  and  saw  by  the  clock  that 
it  was  half  an  hour  past  d,  P.  M.  In  fact,  I  had  been  in  the  land  of  Nod,  as  near 
as  may  be,  the  time  above  named. 

One  of  the  newspapers,  with  the  too  customary  practice  of  misrepresenting, 
reported, that, I  had  ^been  caught  napping' — but,  this  statement  was  immediately 
conveyed  to  my  fellow-boarders,  and  is  perfectly  correct.  Some  inquired,  if  I  felt 
refreshed ;  but  no  perceptible  effect  was  produced ;  and  the  occurrence  has,  in  no 
way.  changed  my  long-established  habit.  I  have  not  slept  since ;  and,  now,  that 
the  weather  is  hot,  I  have  many  restless  and  miserable  nights. 

'  From  short  (as  usual)  and  disturbed  repose 
I  wake :  how  happy  they,  who  wake  no  more ! ' 


Marlboro'  Hottl  Julu  IR.  1843= 


Rob.  F.  Godklat. 


THE 


KHiPTriuFrsAHc 


No.  1. 


No.  10. 

A    SECOND    FAREWELL. 


To  the  Editor  of  St.  CcUharine's  Journal. 

On  board  tho  Transit,  Queenston,  ) 
Novembers,  1842.  ) 

S,R-  Loavinc  this  place,  perhaps  for  the  last  time,  allow  me  to  declare 
mibH^-iv  mr'?al'fu  s^ense'o?  kindnesses  experienced  from  private  indmd- 
public  ly  rriy  r,ra".ui  ,     ^         Maiden  to  Point- Fortune,  and  from 

ttVaufto^rie  sK  ,  sfnce  i^^^^^^^^  to  the  Province,  17th  September, 
me  an  i  that  the  pe^^^^^  Bet  aside  for  me  by  Government  may  rK.t  be 
lefoured  by  cormorants,  I  would  present  to  notice  a  worthy  recipient-Sarah 

tavern,  unaware  of  such  cubtomers,  main.  h.„u-5  i  chestnut 

"■t^o'lforlic  ^i^sr"  rou'eTrTuTth"  Fai-s  of  any  one  more  deserv- 
Say,  O  Heroic  ^^^"^«'  "  •'"\' ^^  Defield  '  so  prompt,  so  collected,  so  brave, 

OF  Cinada;"  anJ      repeat  that  S""!;!  B'^.'"''^";^''^'^^ 'f  ,he  sallant 

sii^eii^^no'irrtirLS^'SeiMo^^'-s 

avails  of  Gallows  Hill.  ,^    ,    ,r      ,«   lojo 

Astor  House,  New  York,  Nov.  lb,  1842. 

jt£.A^::iin^'st^rsoS'^n^r^'^o^-^s^ 

12 


90 

which  was  read  to  a  friend  as  soon  as  written  in  Niajjara  river  ;  and,  again 
reneatiti"  what  is  above  said  of  kindnesses,  I  remain  ever  the  Bame  in  heart 
and  principle,  ROBERT  F.  GOURLAY. 


No,  2.  To  the  Editor  of  the  British  Whig. 

KiNosTON,  2l8t  Dec,  1842. 
Sir  :  Having  this  day  seen  in  your  paper  of  yesterday  a  letter  from  Mr. 
Gourlay,  to  the  Editor  of  the  St.  Catharine's  Journal,  and  published  in  that 
paper,  which  contains  erroneous  statements  relative  to  me,  I  request  of  you 
to  insert  in  your  next  number  the  accompanying  copy  of  a  letter  which  I 
addressed  to  that  Editor  on  the  12th  instant. 

I  am,  Sir,  your  obed't  serv't, 

JAMES  FITZGIBBON. 

(Copy.) 

Kingston,  12th  Dec,  1842. 

Sir  :  The  St.  Catharine'' s  Journal  of  the  Ist  inst.  has  just  been  put  into  my 
hand  ;  and  a  letter  from  Mr.  Gourlay  to  you,  and  published  therein,  pointed 

out  to  me.  .  1  J 

The  facts  of  the  occurrence  mentioned  in  that  letter  are  mcorrectly  stated. 
The  part  which  Mrs.  Defield  performed  was  briefly  as  follows  :  Having  suc- 
ceeded in  seizins  hold  of  a  rifle  and  musket  presented  at  me  by  two  Amer- 
ican soldiers,  which  I  could  neither  wrest  from  them  nor  could  they  from 
me,  the  rifleman  retaining  hold  of  his  rifle  with  one  hand,  drew  my  sword 
with  the  other,  and  attempted  to  stab  me  with  it  in  the  side.  While  watch- 
ing his  uplifted  hand,  with  the  intent  if  possible  to  receive  the  point  of  the 
sword  in  my  arm,  I  saw  the  two  hands  of  a  woman  seize  his  wrist  and  carry 
it  behind  his  back,  where  she  and  her  sister  forced  the  sword  from  him,  and 
they  ran  away  with  and  hid  it  in  a  cellar.  This  woman  I  afterwards  learned 
was  Mrs.  Defield,  wife  of  the  tavern-keeper  at  whose  door  the  affair  occurred. 
An  old  man  named  Johnston  then  came  up,  and  with  his  assistance  I  took 
the  two  men  prisoners.  An  American  detachment  of  150  men  was  within 
one  hundred  yarils  of  us,  at  a  neighboring  house,  but  we  were  screened  from 
their  view  by  a  few  young  pines. 

Until  the  end  of  the  war  I  regretted  exceedingly  my  mability  to  render 
any  service  to  Mrs.  Defield.  But  after  the  war,  and  on  the  return  of  Lt. 
Governor  Gore  to  the  Province,  1,  being  then  stationed  with  my  regiment  at 
York,  now  Toronto,  waited  on  His  Excellency  and  represented  her  conduct 
to  him,  and  prayed  of  him  to  reward  her,  if  in  his  power  to  do  so.  He  said 
he  could  do  so  only  by  giving  her  husband  a  grant  of  land,  but  for  which, 
however,  a  small  fee  must  be  paid,  as  he  had  no  authority  to  make  a  free 
grant ;  and  asked  me  how  many  acres  I  desired  for  him.  I  answered  one 
hundred.     His  Excellency  promptly  said,  I  will  give  him  two  hundred. 

I  wrote  to  her  husband,  Edward  Defield,  communicating  the  Governor's 
offer,  and  desiring  him  to  come  to  York,  if  he  were  willing  to  accept  the 
land  upon  those  terms.  He  accordingly  came,  and  my  request  was  referred 
to  the  Executive  Council,  before  whom  I  was  summoned,  and  to  whom  I 
related  the  narticulars  of  Mrs.  Defield's  conduct.  Whereupon  an  order  was 
made  in  favor  of  Edward  Defield  for  four  hundred  acres,  and  the  land  was 
granted  to  him  out  of  some  of  the  best  in  the  Talbot  settlement. 

As  to  my  own  circumstances,  they  have  hitherto  been  such  as  to  render  it 
impossible  for  me  to  make  any  pecuniary  gift  to  Mrs.  Defield.  Neither  have 
J  JJ3  yoj  received  one  acre  of  the  land  which  Mr.  Gourlay  states  was  granted 
to  me,  and  out  of  the  avails  of  which  he  would  have  me  give  Mrs.  Defield 
a  pension.  .  ,     ,^^.    ,    .„ 

In  1838,  a  son  of  Mrs.  Defield  was  taken  in  arms  at  the  Windmill,  near 


91 

Prescott,  with  the  Brifrands  who  crossed  from  Ogdensburn?,  and  ho  wa«  con- 
demned to  sillier  death  as  a  traitor.  When  the  late  Mr.  Alexander  Hamilton, 
then  Sherill  of  the  Niagara  District,  Mr.  David  Thorburn,  one  of  the  eoniity 
members,  and  I,  prayed  of  His  Excellency,  Sir  George  Arthur,  to  pardon  the 
son  in  consideration  of  the  former  good  conduct  of  his  mother ;  and,  alter  the 
lapse  of  some  months,  a  pardon  was  granted  for  him. 

From  what  I  have  known  of  Mrs.  Deheld,  I  would  not  suspect  her  of 
making  the  statement  given  by  Mr.  Gourlay  ;  and  from  the  very  little  I  have 
known  personally  of  Mr.  Gourlay,  I  would  not  charge  him  with  wilfully 
rttering  an  untruth.  But  as  the  statement  of  what  has  been  done  for  Mrs. 
DetieUT,  which  I  now  make,  is  founded  on  written  records  which  cannot  be 
contradicted,  the  public  can  easily  decide  between  the  two  statements. 

Very  reluctantly  do  I  come  before  the  public  on  this  occasion,  but  I  could 
not  justify  it  to  myself  to  let  the  misstatement  in  Mr.  Gourlay "s  letter  go 
iin(*orrt*f*tGu 

I  therefore  request  of  you,  Sir,  to  insert  this  letter  in  a  future  number  of  the 

St  Catharine'.  Journal.  I  am,  Sir,  y-(^,ljff -J'^J'^ijbon. 


No.  3. 


To  the  Editor  of  St.  Catharine's  Journal. 

PnoviDENCE,  Rhode  Island,  Jan.  7,  1843. 

Sir-  Your  paper  of  December  22  reached  me  two  days  ago;  and  I  am 
indebted  to  a  friend  for  "The  Bkitish  Whig  ''  of  the  23d.  In  both  these 
papers  I  have  read  Colonel  Fitzgibbon's  letter  to  you  ;  and  from  it  1  learn 
that  you  published  mine  of  November  3,  headed  ^-A  Second  Farewell. 

Colonel  Fitzoibbon  says  :  '■  the  fads  of  the  occurrence  mentioned  m  that  let- 
ter are  tncorrecthi  stated.''  Also :  ''from  what  I  know  of  Mrs.  Dejield,  I  would 
not  su.^pect  her  of  making  the  statement  given  by  Mr.  Gourlay  ;  and  jromthe 
very  Utile  I  have  known  personally  of  Mr.  Gourlay,  I  would  not  charge  him 
u'ith  uttering  an  untruth."  .i-       r        u  *  ^v. . 

These  quotations  shall  be  briefly  replied  to.  I  care  nothing  for  what  .he 
Colonel  suspects  of  Mrs.  Defield  ;  as  little  for  what  he  may  charge  mo  with, 
versonalh,  or  otherwise  ;  and  as  to  ••  wilfully  uttering  ari  untruth;'  I  hold  such 
insinuation  light  indeed,  coming  from  a  man  who,  it  is  well  known,  profited 

by  that  practice.  •       i_-  i.         i  **       r  tv^,^„ 

Having  neither  seen  your  nor  any  other  paper  in  which  my  letter  ot  Nov. 
3  is  printed,  I  can  only  speak  from  my  scroll ;  and  coriipanng  Mrs.  Defield^s 
statement  there  with  Colonel  Fitzgibbon's,  I  am  unable  even  with  the  light 
he  has  furnished,  to  improve  her's.  Her's  appears  well  ordered,  luminous, 
consistent,  probable,  and  complete.  His,  confused,  evasive  insidious,  ob- 
scure, and  unsatisfactory.  No  competent  judge  of  %yritmg  and  evidence  will 
say  otherwise,  on  comparing  the  two  statements,  side  by  side.         ^     ,    ,, 

When  Colonel  Fitz<ribbon  found  fault  it  was  his  duty  to  correct ;  but  he 
corrects  nothing.     He  had  before  him  a  clear,  connected  story,  hut  he  only 
mystifies  and  misleads.     He  does  not  deny  that  he  called  to  the  Ame"cans : 
''Bovs  >  surrender,  for  there  are  a  thousand  Indians  at  hand  ready  to  kill  you 
No  ;  in  his  first  sentence  he  asserts  that  the  facts  in  my  letter  •  are  incorrectly 
stated  "     In  his  second  he  says  :  "  The  part  which  Mrs.  Defield  performed  was 
brieflv  as  follows  :  "  but  what  follows  ?  why,  his  "  having  succeeded  in  seizing 
hold  of  arifle.-'     This  is  brief  indeed  ;  but  he  does  not  deny  that  meantime 
Mrs    Defield  rendered  that  riHe  and  the  other '•  mnocMOU."  which  act  of 
her's,  and  forcibly  recovering  from  the  hand  of  the  ntleman  the  sword   made 
it  easy  to  take  the  prisoners  ;  as  we  now  tind  by  his  statement  that  he  had 
an  old  man  to  assist  him.  beside  the  two  women  uuu  assisied  Mr=.  l^tncia. 

But  by  Colonel  Fitzgibbon's  statement,  '^  she  and  her  sister  ran  away 
and  that  the  reader  may  lose  sight  of  them  -Mn  a  cellar, '  he  digresses  to 


92 

state  that  he  "  aft»r^     r,h  ^mmi  that  this  woman  was  wife  of  the  tavern  keeper." 
Ct  "  «'    imlun  '^t  of  150  men  was  wUhjn  100  yards,  'heighten, 

admiration  4.f  om  J,  -n  ,,     but  in  no  way  helps  the  Colonel's  story ,  and 
Xn  the  i„u„ter  due-  h>    part  in  ilWrM.g  hor  gallant  achievement, '-a 
JeT young  ]P,^^^  in  the  back  ..oiiud,  with  the  ntar     .angled  banner  waving 
over  til.-",  v>\\l  indicate  whore  lay  the  dctachmeut  ar„„.xr 

M  M.lv  objopt  for  calling  on  Mrs.  Defield  was  to  ol.r.in  facts  for/  Chron- 
icles Of'r^L^.  ■'  I  had  heard  long  ago  that  Mrs.  James  Kirby  with 
another  Nvwiaaflhad,  m  war  time,  takei  nvo  prisoners  ;  but,  only  a  lew  weeks 
pS  to  m^fi^f  '7»l/  on  Mrs.  Defield,  did  I  learn  that  she  was  the  woman, 

"Br?Snce  \'ol"nvertisement  prefixed  to  ''Chhoniclks  o.  Canapa,'' 
No  1  sold  bv  Carter  &  Bentley,  Kin-ston,  it  will  be  seen  that  the  design  ot 
thatv^ork  "IS  TO  collect  and  lay  before  the  public  authentic  docu- 
ments RELATING  TO  THE  CoLONY,  WITH  COMMENTS,  AND  INVITINC.  INFOR- 
MATION, IN  ORDERTHAT  A  CORRECT  HISTORY  OF  CANADA  MAY  BE  ULTI- 
MATELY DRAWN  UP  AND  PUBLISHED."  This  history  was  projected  twenty 
five  years  a-o.  I  then  began  to  collect  materials  for  it ;  but  cru(.l  circum- 
stances rendered  my  endeavors  abortive  at  every  stage.  Nevertheless  dd 
not  abandon  mv  design.  It  was  in  view  when  I  '^^-""^ff^^he  Atlantic  in 
1833;  and  I  solicited  for  it  the  patronage  of  G^yeriiment  in  letters  to  Sir 
F.  B.  Head,  and  Sir  George  Arthur,  afterwards  published  m     The  Banished 

^  During  the  four  years  and  four  months  of  my  late  residence  in  Canada,  I 
was  constantly  storing  up  materials  for  this  work  ;  and,  to  give  example  of 
Teal  in  doing  so,  I  shall  detail  proceedings  regarding  a  matter  wherein  Col. 
Fi«-^nbbon  would  be  good  authority  were  he  not  interested,  personally,  and 
cwi    '  we  not  "  rMr<re  him  with  wilfully  uttering  an  untruth. 

k>  early  as  NoveTuber,  1817,  Mr.  George  Keeifer  spoke  to  me  o  the  batt^ 
of  he  BeLer  Dams,  and  I  then  noted  down  the  number  of  the  ^l^ad  whom 
he  lent  a  hand  to  bury.  Last  June,  being  all  n.ght  .^"J?,^  ^is  hospUab  e 
roof  I  resumed  inquiries  on  the  interesting  subject,  when  he  referred  me  to 
his  neighbor,  Mr.  Hoover ;  and  to  him  forthwith  I  went  Mr.  H.  proved 
eSremelv  ob  i-in-  and  corAmunicative.  On  his  farm  the  battle  began,  and 
he  vdked  wi  h  rne  over  the  ground,  pointing  out  where  the  two  first  shots 
w^re  f^red;  where  the  Americans  were  placed  at  that  moment;  and  where 
he  asSted  to  bury  their  dead,  &c.,  &c.,  &c.  Before  leaving  him  I  sketched 
with  mv  pencil  the  battle-ground ;  then  called  on  the  Rev.  Mr.  Fuller;  re- 
J^uchTd  my  plan  in  his  house,  and  with  him  returned  to  the  ground,  there  to 
atipprlaiii  if  it  was  correct.  .  .        ..      . 

Three  month.,  afterwards,  wishing  to  know  the  exact  position  of  the  Amer- 
icans  after  they  were  beaten  by  the  Indians,  and  to  consider  how  far  they 
we"e  in  jeopardy  when  they  surrendered  to  Fitzgibbon,  I  called  on  Mr  Ball, 
who  livenSh  of  the  battle-ground,  and  had  his  account.  I  then  wait>  '  .r; 
Mr  jicob  Upper,  who  walked  with  me  from  the  south  to  the  spot  where  the 
surrender  wa'sm^de ;  -  all  this  trouble  being  required  ^or^J/^^^^;^^:;^; 
hend  the  whole  affair,  and  estimate  a  saying  of  the  «^«"tfuljky  .      Fhai  la^ 

COCKENAWAGA    INDIANS    HAD    ALL    THE     FIGHTING;     THE    G«AN°Jij^^^ 
b'DIANS    ALL     TH'^     PLUNDER;     AND    THE     REGULARS     ALL    THE     HONOR. 

The  above  narrec^    -entlemen'  will  readily  testify  as  to  these  facts,  while  I 
could  refir  to  oth.rs     ^.o  were  present  at  the  battle,  and  saw  the  arms  deliv- 

^^'r'^nm  thus  verv oy ;,  -      -  to  a  rost  attention  to  the  importance  of  obtaining 
1  am  thus  very  pd.,..     .  u    -  ,^     ^.  J  Canada  while  vet  it 

well  authenticated  ,;u.;vi-   Mt     regaram  ,    ne  u-iu 

mav  be  had  from  Iv'/Ir.i'  >  Uiesses  ;  etv^cially  as  £250  was  voted  to  Major 
Bardson  by  l^rliament  lor  his  slender  history,  wherein  he  does  not  bring 


93 

forward  tho  best  testimony  as  to  the  death  of  Tocum«eh,  although  ho  himself 

was  at  the  battle  of  the  'riiaiiu'w.  .vi.ich  hannilv 

But,  to  return  to  our  main  object  .1  present.     My  1^'\^  .    /'^J ''^P^' ^ 

S^^  her  to  hear  me  repeat  her  storv,  -hich,  part  after  paH^he  verlual      I 
shnuhl  serious  question  arise ;  and  that  all  panics  im^n'-  J 

/tajias  of  a  wnmun     lor  xj.     -tMi>^  «      ^^    i'^„.„,,i,i    r  om   certa  n.  have  been 

erou3  treatment  of  his  mother  may  ha™  mirsej  "P J^^f  °^™  ,    ,,^  j;.,  „„, 
brave  youth  to  deeJ,  of  'l<=fP«"'™,'",f  ^^^fa"'!!     T„,Tg  »</ 1.  r„„„,/a  .» 

p^sitihi^'ai^t-eSvtt;;^^^^^^^^^ 

withalar-e  amount  of  Government  t'«^.u'e      othe^.  i^  .^^.^^ 

come  adefaulter:  and,  anhonorab  e  meinber  of  the  Le^i.ume 

Councils  said  to  me,  ^^F^z^Mon  ''^J^rf^^  ^^  been  in  London  securl 
he  quietly  returned:  and  ^^e".  it  was  reported  he  had  L^^  ^^^^^^^_ 

in^  his  land  grant.     I*  ^^''''l.^.^'f,  ^f£  hS  '  W      one  cere  of  the  landP 
d>narymoveraent,andhowUis  h     hehas  no      .^  ^         J    ^^ 


ff 


To  me 


novement.  ana  now  u  is  >.ii"t  "--  ""-  ■-:  , 

"the  recommenrlation  01  the  _Assem%  appe    » 1 


r,  -r  ....  .„^.,„.,„.„  ^„.;  ^.nrlrrhnnd  vlots:^  and  it  would  be  amusing  to  dis- 
'•  baclc-d:i!!s  cnjiiUif-  ?,.■_••■.« — --  ..  ,  ,,  .  Dowmnii  street,  aiier  u 
cover  that  Colonel  Fitzgibbou  returned  booUess  Horn  uow  nm«  , 


94 

wild-goose  chase,  because  such  influences  and  plots  could  no  longer  be  coun- 
tenanced there,  in  consequence  of  Lord  Durham's  Report,  just  then  pub- 
lished. 

There  is  more  to  say,  but  paper  fails.  ROBERT  F.  GOURLAY. 


No.  4. 


DEATH  OF  TECUMSEH. 


Having  said  that  Major  Richardson  "does  not  bring  forward  the  best  tes- 
timony as  to  the  dea*h  of  I'ecumseh,"  I  proceed  to  produce  my  authority,— 
the  only  one,  I  believe,  who  can  testify,  positively,  as  to  that ;  and,  I  trust, 
he  is  still  alive — Captain  William  Caldwell,  who  resided  in,  or  near,  the 
Township  of  Colchester,  Western  District. 

During  the  months  of  September  and  October,  1836,  I  perambulated  that 
District.  Having  spent  a  night  with  the  Post  Master,  Mr.  Gordon  Buchanan, 
he  advised  roe  to  call  on  Captain  Caldwell,  as  one  who  could  give  the  best 
information.  After  introducing  myself,  we  walked  over  his  farm,  and  then 
sat  down  to  supper.  On  my  declining  to  eat  mutton,  he  told  me  the  sheep 
had  been  killed  on  my  account.  So,  to  do  justice  to  the  sheep,  I  agreed  to 
remain  and  eat  of  it  at  breakfast. 

Half  a  mile  from  the  Captain's  house,  I  had  noticed  a  beautiful  weeping 
willow,  and  being  told  that  it  had  grown  up  in  seven  years,  I  returned  before 
breakfast  to  measure  it ;  thus  to  have  proof  of  the  great  fertility  of  the  soil 
thereabouts. 

At  breakfast,  an  accident  happened,  of  which  his  lady  will  have  a  feeling 
remembrance  ;  and  I  feel  for  her  till  this  day. 

Captain  Caldwell  entertained  me  with  details  of  the  most  interesting  oc- 
currences during  the  war — the  capture  of  Hull's  army,  &c.,  &c.  Speaking 
of  the  Battle  of  the  Thames,  he  said,  "  Mr.  Gourlay,  as  you  travel  much  in 
the  United  States,  should  you  meet  Colonel  Johnson,  ask  him  if  he  killed 
Tecumseh."  By  these  words  having  more  particularly  arrested  my  attention, 
he  repeated  them  with  emphasis,  and  proceeded  to  explain.  He  said  he  had 
been  recently  at  Detroit,  and  seen  a  picture  of  the  Battle  of  the  Thames, 
wherein  Colonel  John.'ion  was  represented  as  shooting  Tecumseh  —  that  it 
was  not  so — that  Colonel  Johnson  might  have  killed  an  Indian ;  but,  cer- 
tainly he  did  not  kill  Tecumseh. 

He  then  went  on  to  state  precisely  how  it  was,  suiting  the  action  to  the 
word.  He  said  that  being  of  the  Indian  Department,  he,  with  others  of  the 
same  corps,  and  Tecumseh,  stood  together  watching  the  enemy's  approach 
— that  they  heard  a  rustling  in  the  bush ;  and  just  then,  Tecumseh  was  struck 
with  a  bullet — that  he  clapped  his  hand  to  his  breast  and  gave  signs  of 
agony — that  he,  (Captain  Caldwell,)  called  to  him,  "  Tecumseh,  mount  my 
horse,  and  get  out  of  the  way ; "  but  he  immediately  dropped  on  a  fallen  tree 
and  expired — that  the  American  horsemen  coming  in  sight,  he  himself 
sprung  on  his  horse  and  escaped. 

He  said,  that  from  the  direction  the  bullet  must  have  come,  his  belief  was, 
that  It  was  a  stray  shot  from  some  of  their  own  people. 

A  month  after  this  recital,  being  in  the  States,  with  little  hope  of  ever 
seeing  Colonel  Johnson,  I  took  opportunity,  while  attending  a  Lyceum  Meet- 
ing in  the  town  of  WiUoughby,  Oliio,  to  repeat  the  story  ;  and  my  friends  in 
that  quarter  will  yet  remember  well,  as  they  listened  with  much  interest, 
while  I  used  the  same  gestures  as  did  Captain  Caldw(;ll. 

Pictures  like  that  seen  by  him  were  shown  all  over  the  Union  for  political 
purposes ;  and  the  credit  of  killing  Tecumseh  did  much  to  elevate  Colonel 
Johnson  to  the  Vice  President's  chair. 

The  sheep  sacrilice  is  remembered  by  me  as  one  of  many  tokens  of  kind- 
ness and  refjpect  experienced  on  my  tour  of  183G, — at  Sandwich,  Windsor, 


95 


tlie  River  Thames,  Chatham,  in  the  Woods,  and  on  Ta  hot  street-among 
the  Tobar^co  plantations,  in  the  Black  settlement,  and  lastly  at  Maiden.  1  am 
indeed  L^lad  of  an  opportunity,  still,  to  express  gratitude. 

It  was  then  my  I'eart,  after  ten  years  of  disgust,  became  agam  warm  towards 
Upper  Canada ;  and  strange  it  is,  after  experiencing  like  kmdness  in  every 
part  of  the  Province  from  individuals— even  fnmi  my  ijuondam  enemies,— 
my  treatment  by  the  Government,  ever  since  the  dei)arture  ot  bir  b.  B.  l.eau, 
was  uniformly  neglectful,  cruel,  contumelious,  and  insulting. 

Mv  return  "to  the  Province  contemplated  not  political,  but  philanthropic 
objects  ;  and  I  made  record  of  this  the  third  day.  Learning  that  an  English- 
man— Mr.  Prince-had  been  elected  to  serve  in  Parliament,  1  called  at  his 
house,  to  bespeak  cooperation  in  establishing  Emigration  Societies.  Being 
from  home,  I  left  for  him  a  memorandum,  and  for  the  lir.st  time  wrote^  1  he 
Banished  Briton— MEniATOR  and  Appellant.— Pro/i/zK/a  tcrmf.  • 

But,  not  to  forget  my  principal  object,-obtaining  well  authenticated  facts 
for  "  Chronicles  of  Canada,"  .  would  have  Major  Richardson  correspond 
with  Captain  Caldwell,  and  beg  that  whoever  print.s  this  paper  will  send  the 
latter  a  copy,  whereby  he  may  be  assured  ot  my  fidelity. 

^^'  ROB.  F.  GOURLAY. 

Providence,  R.  L,  January  16,  1843. 


No.  5.  THE  LION  AND  THE  BEAR. 

Once  upon  a  time,  a  Lion  travelling  northward  met  a  Bear ;  and,  with 
maiesterial  growl  demanded  why  he  did  not  do  homage. 

The  Bear,  surprised,  but  noway  discomposed,  excluimed  homage.— 
-hat  entitleUo^o  homage-'     "_Is  it  possib  e,  y^u  "iisighUy  clovv^,     e- 


what  eniiiies  vuu  lu  uuiuayu  :  ^.^  •-  f^^- tj~~        ^     ■'      .i  „f'T  or« 

Bponded  the  Lion,  "that  you  can  be  so  ignorant  as  not  to  know  that  I  am 
king  of  the  beast,;  !  "  "  Possible  !  "  ejaculated  Brum  '  I  nevei"  so  much  as 
hea^d  of  you  before  ;  but  pray,  who  made  you  king  of  the  beastj 

"  Ou  crlation  day  sir,"  answered  the  Lion  proudly,  '  the  ^ephant -"d 
the  Rhinocero.s,-the  Tiller  and  the  Leopard,-the  Jacka  and  the  Monkey, 
4th  humheds  more,  pn^claimed  me  king ;  and,  although  there  have  been 
many  rebellions,  I  have  ever  maintained  the  supremacy. 

"  That  may  b^  all  true,"  said  the  Boar,  "  but,  it  is  e<iually  certain  that,  on 
the  stif  same  day,  the  Bullalo  and  the  Deer,-the  Wolt  and  the  Eo>^,-;l'e 
Beaver  and  the^ 'Racoon,  with  innumerable  others  equa  ly  respectab  e 
anointed  me  king:  nor  has  my  authority  been  ever  disputed:  na>,  lean 
sS  for  months  toiiether,  while  my  subjects  continue  to  honor  me  ;  and  I 
would  be  perfectly  happy  did  not  the  Eagle  occasionally  pounce  on  my  cubs, 
and  sometimes  make  otf  with  one."  ,   .  ■     .  •!  u.,i  •  nr,,l 

The  Lion  now  changed  his  attitude  :  dropped  nis  tail  somewhat ,  and, 
eyeino-  the  Bear  all  over,  eaid,  with  subdued  temper  and  courtly  quiescence 
'  do,1ndeed,  perceive  ^^o.^  are  fearfully  and  woiulerlu lly  made^  \  ou,  who  e 
frame  •  your  every  feature  betokens  strength  and  hardihood ;  but,  above  all, 
yoi^miki  aspect  Ldves  assurance  of  truth  ;  and  I  have  now  only  to  beg  your 
majesty's  pardon  for  my  inconsiderate  and  rude  speecti.  •  „  ^„  „f 

-Make  yourself  easy,"  said  the  Bear;  "your  words  only  apprise  me  of 
error,  which  I  cheerfully  overlook."  ,   ,^^^.;c    i 

Tie  two  kin-s  now  sat  down,  conversed  on  state  a  lairs,  and  gratified 
each  othei  with%ecounting  expe'riences,  "  I  never  before  '  -"^^^j;^'^  ^^^ 
I  ion  "was  so  far  north  :  and  widiin  the  last  week  began  to  suspect  L  was 
o  ""of  m^  dominions.  My  subjects  gradually  disappeared,  f  "-estic  animab 
mi  ItiDlied  and  yesterday,  my  body  servant,  the  Jackal,  iorsook  me.  lo- 
Ty  iterc?iUly,^and  ver^ily  believe  could  not,  with  all  my  strength,  exist 
where  I  now  am  another  week." 


96 

"  Your  majesty's  case,"  said  the  Bear,  "resembles  my  own,  only  I  need 
no  servant;  aiurcorairiir  southward  begin  to  feel  too  warm." 

An  alliance.  oiiVmsive  and  defensive  was  now  agreed  on,— the  Lion  being 
especially  pleased  with  a  clause  providing  against  depredations  of  the  Eagle, 
found  to  "have  preyed  on  young  Lions  as  well  as  young  Bears,  contra,  y  to 
nature  reli'>ion  aiid  good  feeling,— all  manifesting  that  Birds  had  no  right 
to  interfere'with  Beasts,  and  least  of  all  with  their  helpless  oflsprmg. 

"  Certified,'  K.  i?.  u. 

West-End,  Kingston,  April  18,  1812. 

Note —The  above  fable  was  written  for  the  Kingston  Chronicle,  but  re- 
fused publication ;  perhaps  from  some  misapprehension.  It  is  therefore 
reproduced,  with  explanations,  as  follow. 

Arrived  at  New  York,  December,  1833,  I  had  occasion  to  address  a  mem- 
ber of  Assembly,  then  in  Toronto  ;  and  io  keep  alive  my  claim  to  lands  in 
the  Province  referred  for  payment  of  postages  to  the  '•  Great  Bear,  my  Banker, 
London  District. "  This  was  deemed  an  act  of  insanity  ;  nevertheless,  the 
practice  was  continued  till  1836,  and  recorded  in  the  Banished  Briton, 
printed  io  Cleveland,  Ohio,  that  year.  _ 

Returned  to  the  Province,  I  had  Bruin  cast  in  type  metal  to  maintain  my 
ri"ht,  in  cheques  for  payment  of  cash  ;  but  a  wiseacre  declared  it  illegal ;  and 
the  hear  was  then  placed  at  the  head  of  one  of  my  papers  ''for  daws  to 

^^  When  the  Assembly  unanimously  resolved  in  my  favor,  I  designed  a 
sleepJn<r  Bear,  with  rays  from  the  British  crown  streaming  down  upon  hira, 
indicative  of  revival,  which  can  be  testified  by  an  engraver  and  others  m 

Lastl'y,"the  fable  was  composed  that  the  Bear  might  supplant  the  Unicorn 
in  sustaining  the  Pvoyal  arms ;  and  I  would  appeal  to  every  true  Briton  if  it 

should  not  be  so.  .     ,     „  ,,  „ 

You  may  choose  among  varietie.s- a  brown,  white,  or  grizzly  Bear.  \ou 
may  say  he  should  first  be  washed  and  combed  :  you  may  say  ho  should 
first  "0  to  school  with  members  of  Parliament,  and  obtain  a  diploma  bom 
Markham  Colle-e.  I  object  to  none  of  that ;  but  maintain  positively,  that 
the  North  should  be  e.iuully  honored  with  the  South :- that  British  North 
America  should  appear  as  conspicuous  in  loyalty  as  the  Cape  of  Good  Hope 
and  Ilindostan.  To  conclude,  I  believe  that  Destiny  placed  the  Unicorn 
^vhere  he  now  is,  only  as  a  locum  tenons,  till  those  born  under  the  influence  of 
Ursa  MA.IOR  shall  have  sense  and  spirit  to  claim  for  themselves  the  honor 
iustly  due  •  —  again  '  certified '  at  Boston,  this  fourteenth  day  of  February,  1843. 
^       ^ ''      ■        °  •'  ROB.  F.  GOURLAY, 

"  Profunda  CernitP 


NOTE, 
ri^i      oK^,.»  Vna  X  nrul  "5  were  nubHshcd  in  tlio   «.  Catharine's  .Tnurnal  and  Brithh  Wjis;;  but, 

illnl;^;^' "o'lnl'niniod  nm:^- .uui'l^dT  v.  n.  of  .ho  n,osl  wi.ked  consinracy  which  was  ever  ,at 
un  bv  .rovpnunrniiil  pow.T  t.)  luin  an  individual.        __  ^,  „      ^  ,,-     Q^.irinu,-  mul 

iiiiiiSiipipgii 

Boston,  September '29, 181.J. 


THE 


MEFTMHnAHc 


No.  11. 


CORRESrONDENCE 
WITH  THE  AUTHORITIES  AT  HOME  AND  ABROAD. 


and 


P^Tq  1  Kingston,  October  9,  1841. 

My  Lord  :  Now  that  your  ministry  is  restored,  may  I  cull  attention  to 
my  letters  addrosspd  to  your  Grace  from  New  York  1835,  -  a  prnited  copy 
of  which  is  appended  hereto,  — and  have  these  put  nr  connection  with  pro- 
ceedings of  the  Leuislative  Assembly  of  Canada,  exhibited  on  the  margin 
These,  together,  make  out  a  case  worthy  of  being  submitted  to  the  Cabmet 

^""^This'case  sets  in  the  clearest  light  that  misgovernment  which  finally 
drove  an  i-norant  people  to  rebellion.— jeopardized  British  interests  in  tins 
quaitcr  of  Uie  world,  and  gen(>ratcd  mischief  not  yet  at  an  end.  .^. 

The  unanimous  voice  of  United  Canada  has  now  declared  my  treatment 
in  1819,  ''illcral  unconstitutional,  and  u-ithout  the  possibility  of  excuse  or  pal- 
liation "  If  th(>  Crown  is  to  reuard  this  clearly  expressed  opinion,  —  repu- 
diate the  transactions  by  which  I  was  persecuted  to  my  >•"'"•  .^f,  ^oj^P';!^" 
sate  me  for  losses  sustained,  that  must  be  done  soon,  to  bo  available,  toi  my 
life  is  wearing  to  a  close,  and  bodily  infirmities  hasten  that  event 

1  have  been  separated  from  mv  family  twenty-tour  years,  and  all  that  time 
cut  olf  from  opportunity  of  profitable  employment  by  wrongs  in  Canada  lie- 
turned  to  the  I'lovince  more  than  three  years  ago,  hopeful  of  a  fa^"lable 
hearing,  from  the  civilities  evinced  by  Sir  F.  B^  Head,  and  l^|«J-«P«=^t^'\^^- 
knowledgement  of  services  to  the  Government  during  the  rebellion  -vet 
strange  to  sav,  his  successors.  Sir  George  Arthur  Lord  purham  ^^ jhe  last 
Governor  General  have  treated  me  with  invariable  neglect,  and  I  may  say, 

''' M?onlv  hope  now  is  that  vour  Grace,  above  all  influence  or  caprice,  will 
cause  that  justice  to  be  done,'  which  has  been  so  bug  denied. 

Ever  most  respectfully^mnj  ^^^^^^^^^ 

The  Dulce  of  Wellington. 


No. 


My  Lord  :   You  will 


j^jj^Tf^p-rnN,  October  26,  1841. 

Grace 


of  9th  instant ;  and,  above,  is  copy  of  my  cov 


find,  annexed,  a  duplicate  of  my  letter  to  you 


pond 


cnce  w 


ith  the  local  au- 


thorities since.     To  complete 

Ui 


the  case  which  I  presumed  might.bo  laid  be- 


08 

fore  the  Cabinet  Council,  I  now  accompany  this  with  printed  copies  of  an 
Addresg  to  Her  Majesty,  October  13,  1837-.correspondencewith  Sir  Fran- 
cis Head,  Sir  George  Arthur,  Lord  Durham,  and  His  Excellency.C.  Taulett 
Thompson,  &c.,  — all  whi.-h  I  submit  to  the  most  critical  oxammation,  to- 
o-other ^viliL  my  communications  from  New  York,  1835,  addrcssoel  to  His 
Majesty  and  your  Grace.  — Ail  will  be  found  consistent,  and  breathing  the 
.same  spirit ;  and  all  has  been  printed  to  bear  me  out  in  the  mighty  cause  to 
which  1  have  been  spell-bound  upwards  of  forty  years.       . 

It  will  gratify  me  to  have  acknowledgement  of  the  receipt  of  these  docu- 
ments ;  aiid,  at  a  future  time,  I  shall  refer  to  them. 

With  the  utmost  respect,  your  Grace's  obed't  serv't, 

ROB.  F.  GOURLAY. 
The  Biikc  of  Wellington. 

]\Tq  3_  Quebec,  November  4,  1841. 

My  Lord:  My  letters  to  your  Grace,  dated  Kiii'iston,  October  9  and  26, 
1841,  with  docuihents  annexed,  made  out  a  case  which  I  thought  ^-worthy 
of  being  submiUcd  to  the  Cabinet  Council.'^ 

Permit  me  now  to  oiler  a  duplicate  of  all  the  Reports  on  my  case,  with 
correspondence  up  to  this  time ;  and,  to  beg  the  favor  of  acknowledgement 
addressed  to  me  at  Kingston,  Canada. 

I  have  the  honor  to  be,  with  utmost  respect, 

Your  Grace's  obed"t  serv't, 

ROB.  F.  GOURLAY. 
The  Duke  of  Wellington. 

No  4_  Kingston,  December  4,  1841. 

My  Lonn  :  Had  the  Governor  General  landed  at  Quebec,  I  should  now 
have  been  crossing  the  Atlantic  to  visit  my  family  in  Scotland,  and  to  solicit 
an  interview  with  vour  Grace  on  the  subject  of  Poor-law  reform  and  Emi- 
gration. It  has  been  ordered  otherwise,  and  this  letter  regards  solely  those 
most  dear  to  me  — my  children,  from  whom  I  have  been  separated  twerity- 
four  years,  because  of  wrongs  in  Canada,  strongly  pictured  cut  in  the  Re- 
port of  the  Legislative  Assembly  and  Speech  of  Doctor  Dunlop,  pasted  on 

the  margin.  i.     i    *  « 

I  have  been  an  invalid,  with  exception  of  short  intervals,  the  last  nve 
years  ;  and  during  the  last  three  have  not  slept,  —  neither  night  nor  day —  a 
species  of  misery  unparalleled. 

Thug  circumstanced  my  daughters  have  made  efforts  for  my  support  be- 
yond all  praise  ;  and  should  your  Grace  peruse  two  letters  of  theirs',  printed 
in  the  accompanying  paper,  entitled  "  The  Banished  Briton,"  you  will 
have  proof  of  their  affection  and  piety. 

From  my  correspondence  with  Sir  Richard  Jackson,  it  may  be  seen  that 
he  ordered  payment  to  me  of  £50,  expressing  regret  that  the  small  sura 
voted  for  unforeseen  contingencies  admitted  not  of  larger  advance  ;  but  it 
has  occurred  to  me,  that  "  losses  sustained  by  the  unwarrantable  exercise  of 
authority,^^  may  be  made  good  from  other  funds ;  and,  if  so,  part  may  be  ad- 
vanced to  my  family,  in  Scotland.  _ 

I  throw  out  the  hint  for  consideration  of  your  Grace  ;  and,  in  so  sacred  a 
cause,  accompany  this  with  a  Captain's  Commission,  dated  1799,  — de- 
claring upon  honor  tliat  I  never,  for  a  moment,  to  my  knowlodiie,  forfeited 
rirrhl  tV)  the  Roval  confidence  therein  expressed.  —  Further,  I  inclose  in  the 
commission  a' Note  written  by  a  hand  which  your  Grace  may  possibly 
recognize,  —  a  Note,  which,  being  wilhout  signature,  and  naming  no  one 
alive  concerned,  may  tlius  bo  submitted  j  aiul  which  will  sliow  that  my 


99 

wrongs  did  not  originate  in  Canada  ;-thut  they  had  a  source  whence  viru- 
Ipnro  could  be  diUused  in  (luarters  beyond  my  reach  *  i         .       i 

Let  me  be' that  the  Commission  f  and  Nole.  alter  per..sal,  may  be  put  under 
cover  addressed  to  Miss  Gourlay,  Seaiield,  Knighorn,  lute. 
Most  faithfully  and  vespccttuUy 

Your  Graces  obud.  serv.  .^...,T»^r 

ROB.  F.  GOUllLAY. 

The  Duke  of  Wellington. 
^^  ^  Kingston,  Canada,  February  21,  1842. 

Mr'  Gourlay  presents  his  most  respectful  compliments  totlie  Duke  of  Wid- 
lin^ton  bee?  that  his  Grace  will  lumor  the  subjoined  extracts  with  perusal , 
and,  submit  the  same  to  the  Cabniet  Council. 

(The  extracts  were  those  printed  above,  jjagesii,  44,  4j,  ana  4o.) 

,T     p  Kingston.  Canada,  March  19,  1842. 

Mv  Lord:  Tliis  is  accompanied  with  duplicate  of  "Y^^^f  commum^^^^ 

"SS  ^S^u4  - "n^.r/.-W  wUk  property   the  ^^'^Z  ^oJZt 
laws  and  rates  may  be  dispensed  with  in  twenty  years  t^'/i  ?e^J  ,""'  °'  ^/.^  ,, 
may  be  paid  off  iitkin  fifty  years  from  sales  <^ ^'^^^^^\^,^'\^ 

"■^ithall  now  only  .ay  Ihat  T  have  over  been  able,  a„d  Mill  am  .villing,  to 
oivo  a  rational  accouiil  of  what  has  been  ailvanced.  , 

HaTin"  ifci^iv.-a  no  ar-kno»lcdscment  of  the  receipt  of  ray  Ittter  to  jour 
iia\iii^  itLt  iviii  ciln     not  a'l'ain  cause  lurluer 

Grace,  dated  Quebec,  November  24    1841    1  slial    ^^(}^f"     ,  .    , 
trouble  in  the  same  quarter,  beyond  luriushin-  a  duplicate  of  this  lettt^r. 
Keinaininu-,  with  hii;h  respect, 

Your  Grace-s  obedient  ^^evvaiit,^^^  ^    GOURLAY. 

The  Dvke  of  Wellington. 

*  NoTB,  aM-esscd  to  Mr.  an,l,  Mrs.  'Gourlay  ISIO  hy  a  Lady  with  whom  the  Bale  of 
Wdlivgtonv-nsintiinatehjarquniiitcd.  willi  deepest  interest,  tlie  eloquent 

-  My"  peak  FRlE^'ns  :   Believe  me    ^^'f,l'^f;7flf^^^^  of  Wiltshire, 

statement  of  your  wrongs,  (my  piMnteJ  ■^•l^l''^f^.  '  ^^'^  ,;f  t^'^I^Let  f  pnxlncea  upon  the 
March  12,  islO,)  and  1  an.  not  'Vj'!  ;:,-;;['"''i^^j^%J^  ^^.^^'i^.u  L  conduot'of  your 
minds  of  those  to  whom  it  was  a<  <lre>>ed      iloxy  cxai  on  commencem.mt ;  as 

vnhle  Landlord  '.-prodncn.  such  a  world  «  •  '  ,o'  ''^  ^  ^  ,;u,,.;iy  unaccountable  to 
if  he  had  determined  on  meanness  for  '";:^'  '''^^^^^f ';';;,,j,,,  ''  Vlie  cud.  sought  for  m 
rational  and  honorc.blc  minds  are  the  motives  oi  bucli  couauci 

its  unrsnit.  ,      ^  .        •  ,„      t>i  iiiia  fcnntrv  vnu  seem  doom- 

l\vish  von  would  think  more  seriously  of  Amei  o^^  (n,J.^;'X  has"  lately  been  there  ; 
ed  to  discomfort.  I  am  nUimately  ^''r;'l'''""'^.;\  ^'''  .t^^.^V  'o  i  mtht  d.n-ivc  the  most  am- 
and  who  is  in  habits  ol  Iriendship  witli  >'»<J  '''"  ^  ''.'^  „?;  'L  Mr  YotrnK-  who  has  been 
p,e  iiitbrniation  -every  p<mnco.nu.ctg^.  ^^I^f^^.da-a  man  "^^-t  i^nlity  ; 

::^'^^^ilmkei;i;asnre  in  conversing  with  you  and  givmg  you  every  a.=i=tanco  m 
liis  power." 

tTho  Commission,  allndod  to,  was  laid  ^(j'^-  the  Special  CWi^^ 
which  Doctor  Duulop  was  Chairman  Willi  other  Lxhibil>= .  All  ucmcrcu 


100 


No.  7.  Boston,  North  America,  April  27,  1843. 

My  Lord  :  This  is  accompanied  with  a  printed  copy  of  correspondence 
with  your  Grace,  1835.  It  is  now  more  worthy  of  perusal,  as  the  course  of 
events  demonstrates  the  truth  of  my  assertions  at  that  crisis  in  Canadian 
affairs. 

This  correspondence  was  printed  at  New  York,  as  soon  as  known  that 


your  Ministry  was  at  an  end;  a;2ain,  at 


Cleveland,  Ohio,  1836  — having 
added  to  it  my  correspondence  with  Sir  F.  B.  Head ;  and,  it  is  a  third  time 
printed  here,  with  a  continuation  addressed  to  Sir  George  Arthur,  Lord  Dur- 
ham, and  Thompson,  afterwards  Lord  Sydenham. 

Should  the  printini;  be  finished  before  the  Steamship  sails,  the  whole  32 
pages  shall  be  transmitted  to  yoru'  Grace.  At  this  moment  it  is  more  than 
ever  important  —  more  worthy  of  grave  consideration  ;  for,  the  present  set- 
tlement of  affairs  in  Canada,  is  by  no  means  complete;  nor  calculated  for 
tranquillity.  Indeed,  more  than  two  years  ago,  I  wrote  to  your  Grace,  that 
Lord  John  Russell's  plan  of  government  was  '*•  altogether  wrong?' 

Eight  pages  which  follow  what  is  submitted  to  your  Grace,  are  put  under 
cover  for  Sir  F.  B.  Head,  as  these  are  filled  with  my  letters  to  him,  &c.  And 
the  next  following,  chieny  filled  with  letters  to  Sir  George  Arthur,  Lord  Dur- 
ham, &c.,  are  put  under  cover  for  Lord  Stanley ;  and,  it  would  be  well, 
could  your  Grace  find  leisure,  on  receipt  of  this,  to  see  these  gentlemen,  so 
that  all  may  be  read  in  connection. 

Now  is  the  time  to  do  the  needful,  —  confederate  the  North  American  Pro- 
vinces, and  form  them  into  a  Vice-Royalty. 

By  such  a  measure,  the  old  Tories — really  harshly  treated  at  present, — may 
be  conciliated  ;  the  French,  and  all  who,  from  expediency,  are  now  in  fa- 
vour and  in  office,  may  be  held  fast;  and,  infinite  good  secured  to  all. 

These  are  the  opiruons  of  one  who  never  was  connected  with  any  party ; 
andj  seeking  no  favour,  is  dependent  on  no  man,  —  no  Government. 
Most  respectfiUly, 

Your  Grace's  very  humble  servant, 

ROB.  F.  GOURLAY. 

The  Duke  of  Wellington. 

N.  B.  —  Two  lines,  acknowledging  receipt  of  this,  will  oblige:  —  ad- 
dressed to  Providence,  Rhode  Island.  R.  F.  G. 


No.  8.  Downing  Street,  May  17,  '43. 

Sir:  I  have  been  directed  by  Lord  Stanley  to  acknowledge  the  receipt  of 
your  letter  of  the  23d  ult.,  with  the  enclosure, 
And  have  the  honor  to  be. 

Sir,  your  obed't  servant, 


R.  F.  Gourlay,  Esq. 


W.  WILBRAHAM, 
P.  Sec. 


No.  9.  Boston,  June  1,  1843. 

My  Lord  :  The  British  nation  ratified  Brougham's  eulogy  ;  *  and,  assured- 
ly, the  name  of  Wellington  will  go  down  to  posterity,  preceding  that  of 
Alexander,  and  Carsar,  and  Marlborough,  and  Napoleon.  —  But,  we  may 
hope  still  more,  —  that  ouus  will  not  only  be  the  greatest  of  Conquerors,  but 

I  say  will,  for,  with  God's  help,  it  is  now  in 

irk,  I  addressed  a  letter 


the  greatest  of  Peace-makers, 
your  power. 


This  day,  eight  years,  at  New 


your 


*  Lord  Brougham's  speech  at  llie  s'roat  dinner  given  to  the  Duke  of  Wellington  by 
the  Cinque  Forts  —  some  four  or  iive  years  ago. 


101 

and,  same  day,  had  it,  with  others,  printed.  They  have  been  reprinted 
again  and  again  ;  and  still  I  am  proud  of  these  letters.  No  action  followed ; 
but  still  they  may  be  available  for  rellection,  and  copies  have  been  iurnish- 
ed  to  your  Grace.  .,, 

Had  my  su-Trrestions  of  1835  been  acted  on,  how  difterent  would  have 
been  results  to^Canada  and  Britain!— how  much  disgrace  and  misery  and 
peril,  would  have  been  avoided !  —  how  much  comfort  and  glory  secured  !  — 
Yet  all,  as  it  has  been  ordered  by  God,  may  result  in  good. 

This  paper  (Printed  Circular  of  the  General  Peace  Convention)  was 
handed  to  me  yesterday.  Of  its  authors,  I  know  little.  The  "General 
Pevce  Convention,"'  sounds  pleasant  to  my  ear ;  and,  should  it  engage  a 
favorable  notice  from  the  Duke  of  Wellington,  the  most  desirable  ot  all  ob- 
jects may  be  attained.  The  crisis  is  auspicious.  All  good  men  seem  de- 
sirous of  peace  and  good  will  on  earth.  Oh,  then,  step  on  the  platiorm  of 
this  ''  Convention  "  22d  instant ;  and  let  the  world  be  delighted. 

Your  Grace's  very  humble  servant, 

HOB.  F.  GOUilLAY. 

The  Duke  of  Wellington. 


No.  10. 

Copy  of  letter  to  Sir  John  Camphell,  Attorney  General,  despatched  to  the  Duke 

of  Wellington  and  Lord  Stanley,  My  31,  1843. 

Indiana,  Upper  Canada,  February  6,  1841. 

Dear  Campbell  :  I  am  to  communicate  to  you  my  early  and  once  inti- 
mate friend,  the  history  of  the  annexed  Petition  which  was  written  without 
the  slightest  thought  of  having  it,  or  anything  of  the  kind,  presented  to  1  ar- 

'""one  moming  in  London  1822,  seeing  in  a  newspaper  the  heads  of  a  Bill 

then  before  the  House  of  Commons  regarding  Canada,  I  mstantly  resolved 

to  have  a  conversation  on  the  subject  with  IVlr.  Brougham.  ,^11  ^„ 

He  then  had  in  possession  a  Petition  of  mine  whereon  depended  all  my 

hopes  in  life;   and,  the  prayer  of  which,  he  had  pledged  himself  m  the 

Btrongest  manner  to  advocate.  .  -,   ,  ■  ^-u    n  v,o.io  -Rni    T 

To  prepare  myself  the  better  for  speaking  with  him  on  the  Cana  a  Bm  1 
scrolled  L  what  you  see  amiexed,  and  run  olF  to  Hdl  street,  where  he  then 
resided.  Just  as  I  knocked  at  his  door  he  himself  came  «^t- ,  J/"^^^^^^^^ 
errand;  and,  as  he  was  then  going  from  home,  ^^^^'^^  f ^^^^^^X^Th'/ 
for  conversation -handing  him  the  scroll  for  perusal  beforehand,  that  he, 
too,  might  be  prepared  for  discussion.  ^npnk- 

We  then  walked  together  and  parted  m  Piccaddly  --all  the  way  speak 
ing  of  my  proper  Petition  which,  every  day,      expected  ^e  wo  Id  p  e.uit 
and  he,  on  thi's  occasion,  asked  mo  particularly  if  I  ^vould  w  sh  a  ^^^at  m  der 
the  cralierv  that  I  mi"ht  better  hear  him  speaking  in  my  behalt.     l^rom  that 
ty,tow e'Che  a"^^^^^^^^ 

inYLct,  betrayed  me  in  the  cruellest  manner.     My  P^^^P"  ^^"^  ^I'^^^^l^lP  ^^ 
sented' soon  after  by -a  Member,-  «^^b  selentio  •   and,    tia^^ge  to  say^ 
looking  to  the  VOTES  and  proceedings,  I  found  the  scroll  punted,  as  a  i-e 

""""Dt^^c!^^  yet  be  examined,  and  they  will  exhibit  a  striking 
conlrLtT-the  on  J  neatly  engrossed  by  a  Law  Stationer:  the  other,  pal- 

^'l  merely  bid  you  witness  these  facts  ;   and,  at  a  future  period,  we  may 

reflect  on  conseciuences  to  Canada,  and  m^e 

Sincerely  yours,         „^  ,,, 
ROB.  F.  GOURLAY. 

»  Sir  John  Campbell,  Attorney  General. 


102 


To  the  Honorable  the  Commons,  ifc. 

The  Petltioii  of  Robeut  Gourlay  :*  , 

Humbly  Showeth,  That  your  Petitioner  has  had  three  petitions  presented 
to  your  Honorable  House,  prayiiii?  for  inquiry  into  the  state  of  Upper  Canada : 

—  That  these  petitions  were  received  and  ordered  to  be  printed,  11th  July, 
1820  — 27th  July,  1821,  and  27th  February,  1822:  — That  your  Petitioner 
having  now  perused  a  Bill  pending  in  your  Honorable  House  to  make  more 
effectual  provision  for  the  government  of  the  provinces  of  Lower  and  Upper 
Canada,  to  regulate  the  trade  thereof,  and  for  other  purposes  rclatins  thereto,  is 
more  than  ever  convinced  of  the  necessity  of  full  and  fair  inquiry,  not  only 
into  the  state  of  Upper  Canada,  but  that  of  the  whole  of  British  North  Amer- 
ica. That,  instead  of  this  Bill,  which  has  originated  in  a  triHing  dispute, 
which  has  been  got  up  without  the  general  knowledge  and  concurrence  oi 
the  Colonists,  and  which  proceeds  on  narrow  views,  neither  calculated  to  be 
effectual  nor  permanent  in  their  operation,  your  Petitioner  would  propose 
that  a  commission  of  inquiry  be  substituted  :  that,  ten  men  of  business  and 
talent  be  appointed,  to  proceed  without  delay  to  British  North  America  :  two 
to  Newfoundland,  two  to  Nova  Scotia,  two  to  New  Brunswick,  two  to  Lower 
Canada,  and  two  to  Upper  Canada : —  That,  they  shall  have  full  powers  to 
inquire  into  the  state  of  public  atfairs,  and  to  ascertain  by  what  means  the 
North  Ame-kan  Provinces  may  be  rendered  most  profitable  to  the  Mother 
Country ;  and  at  the  same  time  most  secure  and  prosperous  within  them- 
selves: —  That,  having  spent  a  month  together  in  each  of  the  provinces  re- 
spectively, one  of  each  two  of  these  commissioners  shall  repair  to  Quebec  for 
general  consultation  and  correspondence  :  —  That,  the  Proviricial  Parliaments 
be  forthwith  summoned  to  meet  and  give  aid  to  these  commissioners.  That, 
instead  of  the  present  Constitutions,  the  Provinces  shall  each  be  governed, 
as  to  local  matters,  by  an  Assembly  and  Lieutenant-Governor  in  Council, 
and  that  those  now  acting  in  such,  shall  continue  to  act  for  the  time  being  : 

—  That,  legislative  councillors  shall  form  a  general  council  or  congress  to 
meet  at  Quebec  for  the  management  of  all  alfairs  concerning  the  common 
interests  of  the  provinces  and  arbitrement  of  others :  the  Govemor-m-Chief 
to  preside :  —  That,  as  legislative  councillors  die  out,  others  shall  be  chosen 
to  supply  their  place  by  the  people  of  the  Provinces  respectively  to  which 
they  belonir,  those  only  having  a  right  to  vote  at  the  election  of  such  legis- 
lative councillors  as  are  now  qualified  to  sit  in  Assembly :  — That,  one  legis- 
lative councillor  for  each  Province  shall  have  liberty  to  come  home  to  fJug-- 
ZflncZ  and  sit  in  the  Imperial  parliament,  to  speak  but  not  to  vote:— -That, 
the  land  reserved  for  a  Protestant  clergy,  with  other  public  lands,  be  put 
under  the  management  of  a  land-board  for  judicious  sale,  the  land-board  to 
have  head  quarters  in  England,  and  branches  in  the  provinces :  —  That,  a 
supreme  judicial  court  be  held  at  Quebec,  for  the  final  decision  of  all  ques- 
tions of  law  tried  in  the  Provinces,  and  that  the  Governor-in-Chief  shall  have 
power  to  pardon  all  offences:  — That,  two  able  engineers  being  sent  out  to 
Canada  to  survey  the  river  Saint  Laurence,  shall  report  generally,  how,  and 
by  what  means  the  navigation  of  that  river  may  be  improved  :  —  That,  duties 
levied  at  Quebec  shall  be  wholly  applied  to  that  great  national  object : -- 
That,  no  duties  whatever  shall  be  imposed  on  goods  passing  across  the 
boundary  between  British  America  and  the  Uiiited  States  :  —  That,  it  be 
taken  into  consideration  how  the  British  army  may  be  with  greatest 
safety  supplanted  in  its  present  posts,  throughout  British  North  America,  by 
natives  and  others,  not  chargeable  to  the  Home  Government,  and  how  the 
individuals  in  that  aimy  may  be  best  prnvicled  lor:  — That,  at  the  end  ot 
fifteen  years,  the  people  of  the  Provinces  shall  be  at  liberty  to  hold  a  con- 
vention for  aUering  and  amending  the  constitution.     It  is  supposed  that 


*  Presented  by  "a  membee;'  ami  ordered  to  be  printed,  July  ISth,  1S22. 


103 

commissioners  and  surveyors  may  be  at  their  posts  and  doing  duty  by  the 
ttrstday  of  Octobor,  1822;  that  the  Provincial  Parliament  may  be  met  by 
the  be-nnnins  of  November;  and  that  the  al)ove,  and  all  other  matters  and 
tWnvsrmay  be  chdy  accomplislied  and  considered  by  the  first  of  Dec-ember : 
solhai  a  fidl  and  satisfactory  report  of  the  ^vhole  may  be  laid  before  the 
Imperial  Pailiament  by  February,  1823.  n  ♦„!.« 

Your  Petitioner  now  humldy  intreats  that  your  Honorable  House  will  take 
these  proposals  mto  serious  consideration, 

^    ^  And  he  wdl  ever  pray, 

ROBERT  GOURLAY. 


jsjq  11  Sahatoga  Springs,  August  14,  1843. 

Mv  Lord  •  Having  despatched  packets  from  Boston  per  last  Steam  Ship, 
for  your  Grace  and  Lord  Stanley,  I  now  write  to  keep  in  mind  certain  mat- 
ters not  important  to  me  only,  but  the  British  Empire.       _ 

In  1817  and  1818,  perceivini,'  the  vast  vforth  of  Colonial  land*,  1  set  tUis 
forth  in  a  letter  to  your  friend  Sir  H.  Torrens,  hoping  to  engage  the  attention 
of  Lord  Bathurst;  and  advised  the  people  of  Upper  Canada  to  press  the 
subject  of  enquiry,  which  led  to  persecution  yet  unsatiated.  t^„„ -^i 

In  the  years  1820-21  and  22,  I  had  Petitions  presented  to  the  Imperial 
Parliament  for  the  same  ;  but  nothing  ensued  ;  and,  during  five  years  more, 
other  petitions  were  presented  and  printed,  only  for  f^er  reterence  ^ 

By  and  bye.  Government  came  alive  to  the  consideration  of  Colonization 
but  no  clear  light  was  obtained ;  no  sound  principle  adopted ;   and,  no  great 

^"■Ja  leSt  your  Grace  I  freely  expressed  opinions;  and  these  letters 
have  been  thrice  printed  to  maintain  the  same.  „„„„;,.„ 

I  rebellion  in  Canada, -disgraceful  to  all  parties,--at  last  caused  enquiy 
to  be  made;  yet,  nothing  stable  and  efficient  has  been  settled.  Goy^yfi" 
ment,  indeed,  has  done  nothing  for  nearly  two  years,  and  seems  to  dread 
callinc:  the  Parliament  together.  .  ,     „  ,  r  +„  „f  -RrUiaTi 

Let  Commissioners  be  sent  out  to  meet  with  aH  the  P^'^^J.^^^^^^J^^  ^™ 
North  America:  let  liberal  principles  be  acted  on:  sound  measures  intio- 
dnred  and  vi"-orously  carried  oiil :  — then,  all  may  go  well. 

II  s  is  what  I  hilled  to  Mr.  Brougham' 1822,  as  stated  {n  the  copy  of  my 
letter  to  Sir  John  Campbell,  furnished  to  your  Grace  and  Lord  Stanley  m 
my  last  packet.     ^^^^  ^^^^^  .espectially  your  ^^^^fl^^'^^lj^Y. 

Tlie  Duke  of  Wellington. 


Refer  back  to  page  94  —  Neptunian  No,  10. 

Mr.  Gourlay  presents  his  compliments  to  Colonel  Johnson.  -  Seeing  Colonel  J  _m 
Boston  Mr.  G  thinks  right  to  enclose  for  his  perusal  a  circumstantial  -^  ountoft  e 
death  of  Tecumseh,-that,  if  anytlung  therein  appears  incorrocl  to  Colonel  Johnso^^^  he 
may  have  opportunity  of  making  remarlcs.  which  Mr.  Gourlay  will  do  equal  justice  to, 
as  to  the  account  given  by  Captain  William  Caldwell. 
Marlboro'  Hotel,  October  13, 1S43. 


104 

No.  12.  Marlboro'  Hotei-,  Boston,  September  18,  184.3. 

Sir:  Leaving  Montreal  for  the  United  States,  November  11,  1842,  I  put 
into  the  Post-office  a  letter,  under  cover  addressee]  to  His  Excellency  Sir 
Charles  Bagut,  Governor  General,  Ifc,  Ifc,  Sfc,  Kingston. 

I  shall  annex  a  copy  of  the  letter,  and  beg  to  be  informed  if  tlie  original  is 
in  your  Excellency's  possession,  as  Governor  General. 
I  have  the  honor  to  bo 

Your  obedient,  humble  servant, 

ROB.  F.  GOURLAY. 
Sir  Charles  Metcalfe. 

No.  13.  Gov't  House,  September  29th,  1843. 

Sir:  In  answer  to  your  letter  of  the  18th  inst.,  I  am  directed  by  the  Gov- 
ernor General  to  inform  you  that  no  such  communication  aa  'hat  to  which 
you  allude,  has  come  into  His  Excellency's  possession, 
I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

JNO.  HIGGINSON, 
P.  S. 
Mr.  Robert  F.  Gourlay,  Boston,  U.  S. 


To  the  Honorable  the  Legislative  Council  (Assembly)  of  Canada : 
The  Memorial  of  Robert  Fleming  Gourlay  : 

Humbly  Sheweth:  —  That  your  Memorialist  had  Memorials  and  Petitions 
presented  to  the  Legislatures  of  Upper  Canada  and  Canada,  in  the  years 
1836,  1838,  1841,  and  1842. 

That,  he  was  wholly  neglected  by  the  Commons  House  of  Asscn^bly  of 
Upper  Canada,  the  first  of  these  years  :  greatly  wronged  by  the  same  House, 
the  second  of  these  years :  that,  he  was  fully  satisfied  with  the  award  of  the 
Legislative  Assembly  of  Canada,  the  third  of  these  years ;  and,  cruelly  dis- 
appointed with  the  result  of  his  last  application. 

That,  to  escape  the  rigour  of  winter  in  Canada,  your  Memorialist  came  to 
the  seaboard,  and  has  here  resided  eleven  months,  anxiously  awaiting  the 
meeting  of  the  Parliament  of  Canada,  in  order  that  he  may  yet  have  a  chance 
of  justice  —  the  giand  object  of  all  his  prayers  to  the  Legislatures  of  Upper 
Canada,  and  Canada. 

That,  he  now  sees  from  newspapers,  that  Parliament  is  in  session ;  and 
would,  without  loss  of  time,  proceed  to  Canada,  were  he  assured  of  obtain- 
ing a  personal  hearing  at  the  bar  of  your  Honorable  Council,  (House,)  which 
he  deems  essential  to  the  undoing  of  very  great  mistakes  and  prejudices, 
which,  hitherto,  have  proved  subversive  of  hope. 

He  now,  therefore,  entreats  that  your  Honorable  Council  (House)  will  ex- 
press willing-ness  that  he  may  have  that  privilege,  on  appearing^jn  Kingston, 
and  that  he  may  be  informed  of  the  same,  where  he  now  resides ;  viz. :  in 
Marlboro^  Hold,  Boston,  United  States. 

And,  he  will  ever  pra\'. 

ROB.  F.  GOURLAY. 

October  1,  1843. 


THF. 


HMPTIUHIIANc 


No.  12. 


^ 'lis  twenty-Jive  years  since. 

EXTRACTS    FROM    AMERICAN    NEWSPAPERS. 

(Extracted  from  New  England  Palladinm,  May  5,  and  copied  into  Boston  Pat- 
^  riot,  May  G,  1818.) 

A  political  reformer,  a»  he  considers  himself,  of  the  name  of  Gourlay, 
from  Enirland,  has  been  for  some  time  busy  in  Upper  Canada,  in  stirrmg  up 
the  people  to  a  sense  of  thoir  wretched  condition,  and  to  induce  them  to  insist 
on  a  reform  —  and  there  is  already  considerable  fermentation.  The  Legisla- 
ture has  lately  been  adjourned,  in  conseiinence  of  a  dillerence  with  the  J^.x- 
ecutive  Authority.  But  Gourlay  says  nothing  is  to  be  expected  trom  a  new 
Governor,  or  a  new  representation,  the  fault  being  in  the  system.  He  then 
boldly  proposes  the  calling  of  a  PROVINCIAL  CONGRESS  the  appoint- 
ment of  Commissioners  to  state  their  wishes  and  views  to  England,  and  the 
payment  of  a  voluntary  tax  of  one  dollar,  to  defray  expenses,  lie  appoints 
a  day  for  the  people  to  meet  and  choose  their  Delegates.  His  own  proceed- 
ings  and  writings  in  the  newspapers  prove  there  is  some  hberty  in  Upper 
Canada. 

{From  the  National  Intelligencer.) 

TO    THE    EDITORS. 

As  Mr.  Robert  Gourlay  appears  to  be  acting  a  pretty  conspicuous  part  in 
Upper  Canada,  an  outline  of  that  gentleman's  life  may  not  be  unacceptable 

*°  ffGrntrlay  was  born  in  Fifeshire,  his  father  a  very  respectable  farmer* 
of  a  yeomanry  who  have  lony  and  still  do  consider  themselves  of  the  highest 
and  most  erainent  -lade  in  Scotland.  He  was  at  one  time  worth  upwards 
of  £30,000  sterling;*-  but  the  sudden  lowering  ot  landed  property,  and 
haviuT  entanded  himself  in  securitvships,  ruin  followed.  His  son,  trom  his 
youth!  posses^sed  a  bold  and  indepen.lent  mind,  so  much  so  as  to  have  be- 
come somewhat  obnoxious  in  Fifeshire,  for  what  was  termed,  there,  his 

republican  principles.*  r    .  .t.         i    c„^*iov.,l    onH 

Mr  R   G.  has  made  a  pretty  extensive  tour  on  foot  through  Scotland,  and 
publi;hed  a  treatise  on  statistiVs  and  agriculture,  somewhat  =^*ter  the  mann^^^^ 
of  Mr  Arthur  Young.*     Some  few  years  since,  Mr.  G  removed  to  Wiltsn  re 
°n  Enoland,  where  he  was  pressed  by  the  Duke  of  Somerset  to  take  the 
lease  of  one  of  his  farms  at  a  rental  of  £600  sterling.     Fmdmg  tha  country 
dreadfully  overburdened  with  poor  rates,  and  a  great  proportion  ot  its  inhab- 
itants   as  he  reniarked)  in  a  state  of  pauperism,  ho  pnbhshed  a  sones  of 
pampHets  on  the  snb  ect.  suggesthm  a  mode  of  bettermg  their  situation. 
E^  ee  st^le  of  his  writings,  and  the  severity  of  his  strictures,  and  h.s  un- 
bend n'  disposition  to  the"  Duke,  who  is  a  weak  man    mvolved  him  in  a 
lawS  with  his  Grace,  who  now  refused  to  grant  the  lease,  which  he  had 

14 


lOG 

by  letter  engaj^ed  to  do  when  Mr.  G.  came  up  from  Scotland.  The  latter 
paiiK'.l  his  cause  before  a  judge  at  Salisbury;  the  Duko  threw  it  into  the 
High  Court  of  Chancery;  tlio  conse(jueuce  has  been,  that,  by  dehiy,  and  tlie 
enormous  expenses  attendant  on  that  court,  CJourlay,  with  perfect  right  and 
justice  on  his  side,  has  been  nearly  ruined.  It  was  believed  that  his  Grace 
of  Somerset  acted  under  the  influence  of  the  Duchess,  who  is  saiil  to  be  a 
very  high-tempered  dame.  Mr.  G.  belonged  to  the  Batli  Society,  of  which 
he  was  considi^red  u  very  useful  and  intelliirent  member;  but  by  the  inlhi- 
ence  of  his  Grace,  his  name  was  struck  oif  the  list. 

Wlien  at  Bath,  the  spring  before  last,  IMr.  G.  called  on  me  to  procure  in- 
formation respecting  the  western  States  of  the  Union,  liaviug  it  in  contem- 
plation to  accompany  his  friend,  Mr.  Birbeck,  to  this  country.  Mr.  B.  has 
published  a  pedestrian  tour  through  France,  and  one  from  James  rivor  to  the 
westward,  both  of  which  have  been  much  read  in  Kndand  —  he  now  resides 
in  Indiana,  (Illinois)  State.     (Drowned  in  the  Little  Walnish,  1824.) 

Mr.  G.  declared  to  me,  indignantly,  that  he  must  abandon  his  native 
country,  where  titled  wealth  trampled  down  his  anil  his  family's  rights.  His 
object  then  was  to  visit  the  western  States,  and  select  a  future  residence  in 
a  State  where  slavery  did  not  exist.  lie  mentioned  he  should  take  Upper 
Canada  first,  to  vi.''it  his  connection.  Colonel  Clark,  of  Niagara,  who  com- 
manded a  regiment  on  that  side  last  war,  and  whose  mills  were  burnt  during 
that  contest.  Other  viewB,  however,  appear  to  have  arrested  Mr.  Gourlay's 
projected  tour.* 

I  shall  conclude  this  sketch  by  adding,  that  Robert  Gourlay  is  a  man  well 
calculated  for  the  object  he  has  undertaken  He  holds  a  ready  pen  ;  he 
■writes  in  a  style  of  considerable  force  and  pungency  :  he  possesses  a  mind 
of  energy  and  execution,  and  a  body  capable  to  endure  much  fatigue.  Al- 
though bold  and  decisive  in  his  political  opinions,  he  acts  from  real  princi- 
ple :  there  is  not  a  particle  of  designing  mischief  lurking  about  him  :  in 
conversation  he  possesses  a  frank  and  honest  zeal,  the  true  basis  of  popular 
oratory,  with  pleasing  off-hand  manners ;  and  he  is  one  of  three  school- 
fellows who  will  do  honor  to  Fifeshire  ;  —  the  two  others  are  Dr.  Chalmers, 
the  present  famous  Presbyterian  minister  of  Glasgow,  and  David  Williie, 
Royal  Academician,  the  no  less  famous  painter  of  the  day,  in  a  style  unique, 
and  entirely  his  own.  H.* 

Alexandria,  June  15tb,  1818. 

(Extracted  from  Boston  Patriot,  June  25,  1818.) 
The  Kingston  papOi  informs,  that  the  fifteen  towns  in  the  District  of  Ni- 
agara have  chosen  Delegates,  many  of  them  magistrates,  who  have  rnet,  and 
appointed  four  of  their  number  to  represent  the  Di-strict  in  Provincial  con- 
vention, at  York,  on  the  6th  July.  The  object  of  the  provincial  convention, 
which  has  been  recommended  by  a  political  reformer  of  the  name  of  Gour- 

*  This  was  written  by  Alex.  Henderson,  long-  a  respectable  merchant  at  Alexandria. 
When  we  met,  he  was  on  a  visit  to  his  mother  and  sister,  of  ( lliisixow,  my  excoUeiit 
friends.  With  the  best  intentions,  his  account  is  incorrect  in  some  matters.  I  oliended 
a  few  of  the  Lairds  with  my  free  opinions,  I'^O'^ ;  but  was  not  "  olmoxioiis  "  in  Fife,  and  the 
term  ''republican'"  was  never  used  thcti,  or  there,  — Mv  father's  estate  was  sold  at  two 
periods,  viz..  1S13,  to  the  amount  of  ,£20.000;  and,  in  1^17,  under  irrcat  disa<lvantage, 
to  the  amount  of  £90.000.  I  was  independent  of  my  father  fifteen  years  belore  that  ;  at 
a  distance,  in  Enp-land,  and  ifrnorant  of  his  affairs  :  — otherwise,  the  total  wreck  of  his 
property  would  not  have  happened.    Mv  father  was  Ion?,  and  till  death,  a  nia^nstrate. 

I  made  an  extensive  tour  in  Eng-land  and  Wales,  ISOO  and  ISOl.  during  which  tune  I 
was  -mployed  by  the  Board  of  Acriculture  to  report  on  the  state  of  the  ])oor.  published 
by  Mr    Young;  but,  I  never  published  a  "treatise  on  statistics  and  agriculture "  in 

Scotland.  ^ ,  .    ,.  •      ,    •     i,    tt  •*    i 

Mr.  Henderson  gave  me  letters  of  introduction  to  many  of  his  friends  in  the  Lnitea 
States;  but,  first,  I  was  disappointed  of  a  })assage  to  New  York,  and,  afterwards,  sick 
in  Upper  Canada,  two  months,  which  arrested  my  "projected  tour"  to  the  west  and 
south ;  —  in  fact,  chanped  the  whole  course  of  my  life. 


107 

LAY,  without  the  sanction  of  the  constituted  authoritiei,  is  to  send  commia- 
sioiiers  to  Entilaml,  with  an  aJdress  to  tho  Prince  Kei,'ent,  in  order  to  obtain 
sornt!  politiiMrprivilfi^es  i'lie  Albany  Ari'us  remarka,  that  '•  trom  the  spirit 
that  is  maniftjstod  in  tho  British  provir  .e  have  reason  to  expect,  ere 

hjoir,  bornc  serious  commotions,  or  tlie  exemphiry  punishment  of  the  leaders 

in  reform."  

{From  Boston  Patriot,  June  26,  \6\ A.) 

Since  the  meotinj;  uf  Township  Representatives  at  St.  Catharine's,  a  strik- 
in"  chance  is  obHerv;ihl('  in  the  public  mind,  as  to  the  propriety  of  addrcsa- 
imr  His  Royal  Hitrlmc-^  the  Prince  Regent,  on  the  state  of  the  Province. 
All  appearance  of  coutoinpt  and  derision  of  the  measure  has  now  died  away  ; 
and  envy  and  malice,  which  found  play  against  an  individual,  seem  now  to 
be  completely  iibashe.l,  since  the  strcnirth  of  the  country  is  enlisted  m  the 
cause.  Even  those  who  hold  situations  under  government,  wish  it  well ; 
though  by  a  stranire  perversion  of  sentiment,  some  of  them  seem  to  fancy, 
that  openly  to  speak  out  would  be  a  declaration  of  disloyalty:  some  are  held 
back  by  rnore  natural  conclusions,  thinking,  that,  should  the  old  system  of 
patronaae  aad  favouritism  continue,  they  might  lose  their  pensions,  places, 
or  worshipful  honors.  Every  sensible  man  mnst  know  that  this  country  can- 
not be  retained  to  Hritain.  without  a  radical  change  of  manan-ement ;  and, 
with  this  knowleilge,  it  becomes  the  duty  of  every  one  to  implore  aid  frorn 
the  source  whence  only  it  can  come  — to  do  honor  to  the  Prince  by  mani- 
festing towards  him  aliection  and  confidence. 

Wlnit.  may  we  s  ppose,  would  be  the  feeling  of  his  royal  highness,  were 
he  informed',  that,  in  a  certain  remote  corner  of  His  Majesty's  dommions, 
arbitrary  power  had  grown  to  such  a  height,  that  even  magistrates  crouched 
beneath  its  dismal  shade,  and  under  the  mastery  of  confirmed  sycophancy, 
coveted  this  shade,  only  to  hide  personal  inlirmities,  of  which  they  had  a 
lively  consciousness.  Sir  Peregrine  Maitland,  tutored  under  the  high-minded 
Wellington,  is  not  likely  to  be  so  very  indulirent  to  such  wor.shipful  gentle- 
men, as  some  Governors  who  have  preceded  him.  — Niagara  Spectator. 

{From  Boston  Patriot,  Sept.  7,  1818.) 
The  spirit  of  inquiry  and  investigation  is  stimulating  the  citizens  of  Upper 
Canada  to  look  after  their  rights.  Mr.  Gourlay's  zeal  for  the  cause  haa 
alarmed  the  ministerial  party,  and  a  suit  has  recently  been  instituted  and 
tried  acainst  him  for  publisliing  libelous  and  seditious  matter.  The  assizes 
were  held  by  Lord  Campbell,  at  Kingston.  The  prosecution  was  conducted 
by  Mr.  Bolton,  who.  it  is  said,  was,  in  his  speech,  illiberal  and  vindictive. 
Mr  Gourlay  defencled  himself  with  powerful  arguments,  and  his  address 
contained  muck  interesting  and  important  political  matter.  The  charge  bore 
a-'ainst  the  defendant,  but  the  Jury,  that  impregnable  barrier  against  op- 
pression and  injustice,  returned  a  verdict  of  not  gmlty.  Repeated  acclama- 
tions of  applause  burst  from  almost  every  individual.  Mr.  Gourlay,  who  is 
the  most  popular  man  in  Upper  Canada,  is  from  a  highly  respectable  family, 
and  of  strict  integrity  ;  about  45  years  old,  and  promises  to  become  a  most 
valuable  citizen  of  that  Province.  —  Albaiiy  Register. 

(From  the  Pittsficld  Sun,  September  9,  1818.) 
The  Sackett's  Harbor  Gazette  contains  an  account  of  the  trial  of  Robert 
Gourlay  at  Kingston,  Upper  Canada,  on  the  15th  ultimo,  for  a  libel  on  the 
government  of 'the  Upper  Province,  and  for  an  attempt  to  sow  sedition 
among  the  people,  &e.  Judge  Campbell  presided,  and  the  cause  was  open- 
ed by'^Mr.  Bolton,  the  public  prosecutor.  He  was  followed  by  Mr.  Gourlay, 
who  conducted  his  own  defence,  and  who  was  permitted  to  read  to  the  jury 
an  Address  he  had  prepared  for  the  occasion,  which  is  stated  to  have  ex- 
hibited a  specimen  of  bold,  energetic  composition  seldom  equalled,  and 
contained  many  excellent  maxims  of  political  wisdom  and  justice. 


108 


After  the  whole  day  liad  been  occupied  by  the  trial,  the  cause  was  sub- 
mitted to  a  jury,  who  soon  after  returned  a  verdict  of  acquittal,  amidst  the 
acclamations  of  the  audience. 

On  the  following  morning,  "  Gourlay  for  ever !  ■'  was  found  inscribed  on 
almost  every  fence'and  corner-post  of  Kingston.  A  public  dinner  was  given 
to  Mr.  Gourlay  by  the  citizens  of  Kingston,  the  day  after  the  trial,  attended 
by  respectable  men  from  dili'erent  parts  of  the  Province  —  some  of  whom 
had  come  several  hundred  miles  to  attend  the  trial.* 


EXTRACTS    FROM    CANADA    NEWSPAPERS. 


(Extracted  from  Kingston  Gazette.) 

To  the  Upper  Canadian  Friends  to  Enquiry. 

Montreal,  5th  Sept.,  1818. 

Gentlemen  :  I  take  the  first  leisure,  since  my  trial  at  Brockville,  (where 
i  was  honorably  acquitted,)  to  put  on  record  a  few  particulars  connected  with 
that  affair.  It  will  be  remembered  that  1  was  bound  over  to  appear  at  the 
Johnstown  Assizes,  under  bail  of  £oOO,  being  arrested  upon  a  warrant,  of 
which  the  following  is  a  copy  : 

Johnstown  )      Personally  appeared  before  me.,  John  McDonell,  Esq.,  one  of 
District.    ]  His   Majestyh  Justices  of  the  Peace  in  and  for  said   District, 
Richard  I).  Eraser,  and  upon  oath,  saitli,  that  he  believes  Robert  Gourlay  to  be  a 
seditious  person. 

These  are,  therefore,  in  His  Majesty's  name,  to  command  you  forthwith  to 
apprehend  the  said'^  Robert  Gourlay,  and  bring  him  before  me  or  some  other  of 
His  Majesty's  Justices  of  the  Peace,  in  and  for  said  District,  then  and  there  to  be 
further  dealt  with  according  to  law. 

Given  under  my  hand  and  seal,  at  Johnstown,  this  25th  day  of  June,  1818. 
(Sig7ied.)  John  M'Donell,  J.  P. 

To  any  Constable  \  rj^   g  1 

in  said  District.    ) 

A  true  copy.  John  M'Donell. 

No  man  of  sense  will  look  for  a  moment  on  the  above  warrant,  without 
being  ready  to  declare  it  illegal ;  but  what  shonld  be  thought,  when  it  is  told 
that  John  McDonell,  who  issued  it,  had  good  occasion  to  know  that  the  alle- 
gation upon  oath  of  R.  D.  Fraser  had  not  the  slightest  excuse?  — what 
should  be  thouaht,  when  it  is  told,  that  John  McDonell  at  once  witnessed  the 
riotous  conduct  of  R.  1).  Fraser,  and  my  extreme  forbearance  — my  peace- 
able and  temperate  conduct  throughout.  Gentlemen,  you  should  pause  and 
reflect  upon  this.  It  is  a  poor  boast  that  we  live  under  the  British  Constitu- 
tion, if  our  liberty  is  thus  wantonly  to  be  abridged  by  the  caprice  of  wicked 
and  foolish  magistracv.  You  should  reflect  whether  I,  or  any  nian  who  has 
experienced  such  things  in  Upper  Canada,  can  go  home  to  England  and 
honestly  recommend  this  Province  as  a  desirable  place  of  residence  :— it  is 
a  reflection  which  should  come  home,  at  once,  to  your  business  and  bosoms. 

On  looking  back  to  my  narrative,  addressed  to  the  worthy  Inhabitants  of 
Niagara  District,  under  date  29th  June,  it  will  be  found,  that  after  giving  bail 
I  procured  a  warrant  to  arrest  Duncan  Fraser,  and  bring  him  to  account  for 
his  riotous  conduct.  It  now  appears  that  though  Duncan  Fraser,  backed  by 
his  friends,  could  have  the  brutal  courage  to  attack  an  unarmed  individual 
with  a  bludgeon,  he  wanted  the  best  kind  of  courage,  —  that  of  an  honest 
man.  Before  the  constable  reached  him  with  iho  warrant,  which  would 
have  secured  his  appearance  at  Brockville  assizes,  where  I  should  have  been 

*  Manv  innrn  extrncts  were  copied  out ;  but  the  above  siidice.  In  the  NewEjigland 
Falladivk.  liled  at  the  Athemvum.  there  sire  whole  eohnmis  on  llie  snl)ject^.  lie  article 
from  The  N.Uional  Intelligeurn  appeared  all  over  the  United  States  and  Canada. 


} 


lU'J 


of 


S.] 


f 


present  to  accuse  him,  he  had  the  cunninp  to  contrive  with  his  brother  Mag- 
istrate that  he  should  be  bound  over  to  the  Quarter  Sessions,  to  plead  sudty 
before  his  ^^•o^.shipful  friends  ;  and  here,  to  be  sure,  a  most  shameful  train  of 
proceedin-'s  went  forward.     Several  of  the  people  who  had  rushed  in  to  keep 
the  peace'xvhen  they  saw  Fraser  attack  ine,  at  Johnstown,  were  indicted. 
Amonj;  these  a  young  man  of  the  name  of  Grant  had  been  most  active.    Be- 
fore using  the  least  violence,  he  had  received  a  severe  blow  from  Fraser  over 
the  back  part  of  the  hand,  and  was  consequently  provoked  to  strike  again. 
In  the  midst  of  the  fray,  John  M'Donell  interfered,  and,  seiziim  Grant  by  the 
breast,  pushed  him  violently  back  to  the  wall,  when  Grant  returned  /iis  rude- 
ness rIso,  with  a  blow.     This,  according  to  the  best  jniormation  I  could  ob- 
tain was  the  true  state  of  the  case  proved  before  the  IVlaixistrates  :n  Session  ; 
but  what  were  their  decrees  ?  — Grant,  who  had,  like  a  irood  subject,  endeav- 
ored to  keep  the  peace,  and  acted  violentlv  only  after  he  had  been  violently 
assaulted,  was  lined  5/.,  and  condemned,  besides,  to  a  month  s  impnson- 
men'-    while  they  let  oil  Fraser,  who.  beinix  a  Magistrate,  was  specially 
bound  to  keep  the  peace,  — who  had  first  struck  me,  and  then  the  person 
who  endeavored  to  keep  the  peace  ;  — him,  they  let  off  for  forty  shillings  ! !  ! 
At  the  Assizes,  Fraser  and  MDonell  were  on  the  Grand  Jury,  and  they, 
with  their  friends,  formed  the  majoritv.     Having  attended  there,  to  do  honor 
to  my  bail,  I  stood  up,  as  soon  as  the  court  was  fairly  constituted,  to  protest 
a-ainst  the  illegal  warrant,  and  obtain  my  discharge.     Ihis^however,  the 
Judc-e  would  not  grant,  saying,  that  I  must  abide  my  trial.     On  the  second 
dav^a  presentment  was  made  bom  the  Grand  Jury  to     .3  court,  that  I  was  a 
seditions  person.     On  the  fourth  day,  finding  no  indictment  brought  against 
me  on  this  presentment,  I  addressed  the  Jnd-e,  and  appealed  to  h.m,  as  to 
the  e.xtreme  injustice  of  having  my  character  aspersed  by  a  presen  ment 
while  no  trial  was  alibrded  me,  by  which  I  could  remove  the  scandal.     1 
spoke  pretty  strongly  as  to  the  conduct  of  the  jury  as  well  I  might,  and,  the 
same  dav,  an  indictment  was  brought  in  ;- but  for  what?  not  for  sedition, 
but,  for  libel  a-ainst  the   Government,  and  Commons  House  of  Assembly, 
contained  in  the  very  pamphlet,  for  the  publication  of  which  I  ^ad  been 
arrested  by  order  of  the  Attorney  General,  and  tried  at  Kingston,     ^e^t  day, 
Saturday,  afternoon,  I  was  arraigned.    I  then  asked  the  Judge  if  upon  this  ar- 
raionment  for  libel,  the  bail  required  for  my  appearunce  to  answer  the  charge 
of  sedition,  for  which  I  was  arrested,  and  on  which  the  presentment  was 
made  to  the  court,  was  discharged :  his  Lordship  said,  it  was       I  then  asked 
if  fresh  bail  was  required,  to  free  me  from  imprisonment  till  my  trial  came 
on  :  his  Lordship  said,  none  was  recpiired.     The  trial  should  have  proceeded 
immediately  with  my  consent ;  but  I  had  assured  some  country  people  that 
St  would  not  come  on  before  Monday.     The  achng  Attorney  General  was 
asked  if  he  would  fix  upon  that  day.     He  would  fix  upon  no  particular  day, 
he  said,  and,  ''perhaps  nught  not  bring  on  the  trial  at  ail    ' 

On  Monday,  31st  August,  it  was  brought  on.  The  indictment,  for  ibel, 
set  out  with  a  fierce  preamble,  discharging  allegations  ^g^'"«\;"'^'°*.. 'Ef- 
fusing discontents  and  jealousies,  raising  tumults, '  &c.  no  ^^o^bt  to  stir  up 
prejudices  in  the  court,  and  support  the  proceedings  of  fraser,  McDonell, 
and  Co  The  words  charged,  asSibellous,  were  contained  in  three  passages 
of  mv  address  of  the  '2d  April,  viz:  1st.  "  I  had  kttle  hope  of  satisfaction 
from  the  sitting  of  Farlnment,  after  pcrvsmg  the  Admimstrators  speech  from 
the  Throne;  and  this  little  was  entirely  e.tingrnshedwUh  the  rlisgustmgr^^^^^^ 
made  to  that  speech  by  your  Representatives.'^  2d.  "  It  has  been  my  fate  to  ',  est 
Ze  nearly  two  monthl  viewiJg  at  a  distance  the  scene  of  JoUy  ««''  ':«n/";;;on. ' 
3d  "  Th/constitution  of  this  Provmic  is  in  danger,  and  all  the  blessings  oj  so- 
cial  coJpatarrunmnl  to  waste.  For  three  years  the  laws  have  been  thwarted 
TyrxecLe  power  ;^  for  three  sessions  have  your  ^^f  ^'«  «'\;f /^^  ^^nS' 
and  o-iven  sanction  to  the  monstrous -^  the  hideous  abuse J^  Mr.  Jonas  Jone^s, 
hmyer  of  Brockville,  and   Member  of  Parliament  for  the  County  of  Gren- 


no 


ville.  opened  the  plnadinps.  He  began  by  saying  that  this  prosecution  was 
brought  on,  not  on  the  part  of  the  Crown  or  Government,  but  of  a  person  who 
thoiiiiht  himself  auf^rieveil :  he  then  said,  it  was  on  the  part  of  the  District  of 
Jolinstown  :  then,  atrain,  that  he  was  employed  by  an  individual ;  and,  lastly, 
told  us,  that  it  lay  between  the  King  and  "Mr.  Gourlay.  Thus,  the  lawyer 
completely  confounded  the  simple  cjuestion  as  to  who  was  the  Prosecutor ; 
and  at  thi^■  hour,  I  do  not  know;  for,  on  ilesiring,  after  the  trial,  to  be  in- 
formed, Mr.  Jones  refused  to  tell,  and  the  Judge  would  give  mo  no  satis- 
faction. 

Mr.  Jones's  Speech  contained  no  argument.  It  made  a  dead  point  at  the 
assertion  as  to  the  Commons'  taking  no  notice  of  "  the  monstron.i,  —  the  hid- 
eous abuse  "  .' .'  and  gaining  breath  by  his  rest,  the  orator  asked,  with  an  air  oi 
authority:  "has  not  this  publication  been  the  cause  of  breaches  of  the 
peace  ? ''  —  He  then  told  the  Jury  that  "  libel  was  the  malicious  defamation 
of  character,"  and  that  the  words,  here  set  forth,  tended  to  expose  to  ritlicule, 
t)io  members  of  Assembly ;  but  seemingly  doubtful  as  to  this  crime,  said, 
tliat  his  Lordslup  would  tell  them  whether  it  was  libel  or  not;  further,  (]uoth 
the  member  of  parliament,  this  publication  char<res  members  of  parliament 
with  making  a  "(/(sgMsfing  reply,'''  and  then,  bringing  the  matter  home  to  the 
personal  feelings  of  the  Jury,  asked,  whether  such  language  did  not  only  de- 
grade the  members  of  parliament,  but  the  people  who  elected  them?  —  the 
people  of  the  district  of  Johnstown  !  Finally,  he  apprized  the  Jury,  that  it 
might  be  said  that  I  had  already  been  acquitted  as  to  this  publication  ;  but 
that  I  had  not  yet  been  tried,  for  the  words,  now  charged,  were  not  the  same 
as  those  on  which  I  had  been  indicted  at  Kingston  ;  besides,  1  had  published 
the  pamphlet  in  another  District ;  and,  "  Gentlemen,  what  have  you  to  do 
with  another  jury  ?  "  —  Did  I  say  that  the  speech  of  JNIr.  Jones  coutaineil  no 
argument?  I  must  retract :  it  did  contain  argument;  and,  many  inferences 
may  be  deduced  therefrom. 

When  ]\Ir.  Jones  had  done  talking,  the  poor  persecutetl  pamphh^t  was 
produced.     I  had  given  this  copy,  it  appeared,  to  some  person  on  the   lOdi 
June ;  but  neither  wanting  to  know  who  this  person  was.  nor  to  wasle  time, 
I  bade  them  proceed,  as,  no  doubt,  1  had  given  away  many  such.     To  prove 
the  innuendoes  was  the  next  step,  and  for  this  purpose  a  wise  man  of  the  law 
was  set  up  as  Sir  Oracle,  to  determine  the  truth  of  these  ;   but,  again,  I  cut 
matters  short,  by  declaring  that,  "  i,"  meant,  7,  Rnhcrt  Gonrlmj,  —  "  Parlia- 
vient/'  the  Parliament  of  Upper  Canada,  and  "  Administrator.'"  the  Adyainistra- 
tor  of  the  same  Province.     Having  had  but  half  a  day,  without  interruption, 
after  my  arraignment,  to  prepare  for  defence,  thia  was  employed  in  writing 
a  few  sheets  to  introduce  the  jury  to  the  circumstances  connected  with  my 
coming  to  Caruida,  —  rny  principles,  and  the  events  which  had  given  rise  to 
the  publication  —  all  of  which  are  well  known  to  those  who  read  the  Niag- 
ara Spectator  and  Kingston  Gazette  ;  but  few  in  the  Johnstown  District  have 
had  the  opportunity.     As  to  reasoning  on  the  (juestion  at  issue,   I  left  what 
w^as  to  be  said,  to  the  suggestions  of  tiie  moment,  and,  to  spi^ak  the  'ruth, 
had  scarcely  patience  for  reasoning  on  the  subject.     1  told  the  jury  that 
there  was  nothing  in  mere  words  to  constitute  libel :  —  that,  in  the  eye  of 
the  law,  there  was  no  more  libel  in  the  words  quoted  than  in  those  of  the 
Lord's  prayer :  —  that  libel  must  be  inferred  from  evil  intentions  and  injuri- 
ous consequences,  the  very  reverse  of  the  intentions  and  consequences  of 
my  address  of  the  2d  of  April :  —  that  the  address  had  found  enemies,  as, 
what  good  thing  did  not  ?  —  but,  that  the  general  feeling  was  strongly  in 
its  favor,  and  that  it  had  gained  me  public  thanks  from  every  part  of  the 
Province,  where  the  light  of  information  reached.  —  I  asked,  il  a  nialiciuus 
production  was  ever  so  rewarded?     I  deiied  my  accusers  to  produce  the 
slightest  proof  of  its  being  the  cause  of  tumults  ;    and  ollered  to  bring  evi- 
dence, to  show,  that  disorderly  and  riotous  conduct  had  only  been  displayed 
by  people  now  sitting  on  the  grand  jury.     As   to  the  sense  which  this  very 


J 


Ill 


9 


grand  jury  held  with  regfard  to  the  effect  of  mere  words.  I  had  to  quote  an  ex- 
traordinary instance.  I  knew  it  to  be  a  fact,  and  no  one  present  would  dare 
to  contradict  it,  that,  since  this  grand  jury  had  been  appointed,  a  most  re- 
spectable person  had  thoui,dit  it  his  duty  to  present  to  them,  that,  the  Rever- 
end Jotin  Bethune,  of  Augusta,  had  instigated  another  person  to  wring  my 
nose  and  pluck  certain  pamphlets  out  of  my  hands,  at  the  lirst  meeting  call- 
ed by  me  in  that  Township,  olfering,  at  the  same  time,  to  protect  the  per- 
son if  he  woukl  do  so.  This  presentment,  the  grand  jury  waived,  saying, 
tliat  th{^  instigation  had  not  tnlcrn  effect.  With  this  fact,  uncontradicted,  1 
apfiealed  to  the  court,  how  this  jury  could  refuse  such  a  presentment  so  well 
grounded,  and  come  forward,  wantonly  and  maliciously,  to  asperse  my 
character  through  the  medium  of  a  presentment  which  had  not  the  shadow 
of  a  foundation. 

As  to  libelling  the  Common^  hou?e  of  parliament,  it  was  a  thing  which 
woulil  absolutely  be  Iruirhed  at  in  England  :  —  that,  tliere,  we  were  allowed 
to  go  almost  any  length  in  lashing  the  proceedinirs  of  thj  low(;r  house  :  — 
thai  its  memlieis  were  niere  ei)hemeral  l)eini;-3,  —  the  servants  of  the  people  ; 
and.  being  |)rone  to  betray  their  trust,  it  was  a  riile  founded  in  right  reason, 
that  great  liberties  shoidi'l  be  allowed  in  keeping  them,  by  exposure,  to  the 
strict  performance  of  their  duty  :  —  that,  I  had  known  instances  of  individu- 
als beinir  sunmioneil  to  tlu'  bur  of  parliament,   and  even  imprisoned  for  at- 
tacking the  characters  of  individual  members  iluring  session  ;  but  knew  not, 
if  an  instance  could  be  quoted  of  prosecution  against  the  free  expression  ot 
oD-.iiion.  as  to  the  general  conduct  of  the    House.     JNIr.  Jones  liad  toKl  the 
Court,  that  the  Assembly  had  a  judicial  as  well  as  a  legislative  authority :  — 
h'.'  hail  even  hinted  tliat"  1  iniL'ht  yet  be  summoned  to  its  bar  to  answer  for 
my  publications*     I  ridiculed  such  presumption  by  referring  to  the  absurd 
proceedings  airainst  Mr.   Durand,  wherein,    I  believed,  this   jNlr.  Jones  had 
been  a  cliief  actor.     He  and  his  coadjutors  had  dis-iraced  the  Assembly  of 
thih  Province  by  assuming  judicial  authority  in  that  instance, —  by  taking 
couni/ance  of  matters  out  of  session,  and  which  never  could  interrupt  the 
proceedings  of  the  House.     The  judicial  authority  of  the  House  of  Commons 
goes  no  fintlier  than  to  this,  ol  checking  immediate;  interruption,  as  the  au- 
thority of  a  Judge  may  directly  imprison  a  disturber  of  the  court  in  which  he 
presides.     The   House  of  Commons  of  England  never  would  bernean  itself 
bv  noticing  election  placards.     All  sorts  of  stulf  was  allowed  to  Uy  about,  at 
w'ill,  durit7g  the  times  of  parliamentary  election,  and  were  considered  as 
little  ali'ecting  the  characters  either  of  the  assailant  or  the  assailed  :  —  that 
such  producllons  as  that  which  had  led  to  the  expulsion  of  Mr.  Durand,  and 
the  consideration  of  which  had  wasted  a  very  considerable  portion  of  the 
tirst  session  of  the  present  parliament,  miaht  be  picked  up,  by  the  do/(>n,  m 
any  rotten  borougli  of  England,  during  a  general  election  ;  and,  that  the  con- 
stituents of  Mr.  Durand  had  done  right  in  again  returning  him.  as  their  rep- 
resentative, had  it  onlv  been  to  mark  their  disapprobation  of  the  absurd, 
mean,  and  tyrannicafdisposition  of  the  assembly,  on  that  occasion. 

Having  done  with  my  defence,  I  wished  to  call  witnesses,  who  had  ob- 
served rny  conduct,  and  the  eil'ect  of  reading  the  pamphlet,  at  all  the  meet- 
ings hekl  in  the  District  of  Johnstowri.  This,  however,  the  Judge  wemld  not 
alk)w  ;  and,  I  am  thus  left  without  a  remedy,  of  having  it  recorded,  m  a 
court  of  Justice,  that  T  was  a  seditious  person,  and,  that  the  publication  of 
the  pamphlet,  in  question,  had  "raised  tumults  and  dill'used  discontents  and 
jeah)usies."  The  record  will  not,  I  trust,  have  the  full  eil'ect,  for  which  it 
has  been  mainly  intended,  —that  of  palliating  the  offences,  against  the  law 
and  decency,  of  Messrs.  Fraser  and  McDonell.  —  Tersonal  prutcctiou  is  the 

*  It  is  a  lamentable  fact,  that,  notwithstanding'  my  two  trials  for  libel,  and  acrjuitlal  on 
both  occasions,  tliis  man's  rancor  could  not  rest  without  debatin-  before  the  Assembly 
that  mv  address  of  2d  April  was  libel.  Is  it  for  such  purposes  thai  Members  of  I  aria- 
m.^nt  arc  chosen  by  tlie  people  ?  Are  they  chosen,  not  only,  to  hbel  the  country,  but  to 
l)ring  disgrace  on  courts  of  .Justice ' 


112 


first  object  of  law,  and  wrongful  imprisonment  the  most  flagrant  abuse  of  it. 
The  reply  was  made  by  Mr.  Henry  Boalton,  Solicitor  General  of  Upper 
Canada,  and  on  this  occasion,  acting  Attorney  General.     The  crowd,  who 
witnessed  this  silly  lad's  conduct  at  Kingston,  need  only  be  told,  that,  here, 
it  was  but  an  excess  of  the  same.     At  Kingston,  he  let  out  his  spleen  against 
the  Convention  of  friends  to  enquiry,  by  saying  that  "  they  were  as  con- 
temptible at  York,  as  they  wero  at  home."     He  now  condescended  to  anim- 
advert and  run  down  individual  characters  ;    and,  because,  in  answer  to  the 
attempt  of  Mr.  Jones,  to  stir  up  the  feelings  of  the  jury  against  those  who 
would  speak  freely  of  the  conduct  of  members  of  Assembly,  by  making  it 
appear  that  they,  the  people  of  the  country,  were  thereby  degraded,  1  had 
said  that  many  of  the  members  of  assembly  were  friends  to  our  cause,  and 
never  put  a  bad  construction  on  the  publication  now  charged  as  libellous,  — 
because,  in  proof  of  this,  and  of  the  respectability  of  our  supporters,  I  had 
said  that  the  chairman  of  our  very  first  meeting  was  a  member  of  Parlia- 
ment, and  had  honestly  declared  that  he  would  always  do  what,  at  the  time, 
seemed  bt  t  for  the  interests  of  the  country,  —  because  I  had  said  that  the 
chairman  of  the  Convention  had  been  two  years  speaker  of  the  Assembly, 
therefore,  Mr.  BouUon  thought  fit  to  run  down  and  ridicule  two  as  honest 
men  as  the  Province  holds  in  its  bounds,  —  Mr.  Secord,  and  Colonel  Beas- 
ley,  finishing  with  an  eulogium  in  favor  of  his  own  family  and  connections, 
the  conduct  of  whom  he  defied  any  one  to  impeach.     It  will  be  remember- 
ed by  those  who  witnessed  my  trial  at  Kingston,  that,  provoked  by  his  per- 
sonal abuse  of  myself,  and,  in  the  face  of  a  vain  panegyric  on  the  virtues  of 
official  characters  at  York,  I  said,  that  I  could  impeach  his  own  father,  with 
neglcv  t  of  duty,  —  no  less  than  the  non-prosecution  of  murder,  while  he  was 
AtfoT-ney  General ;    and,  I  repeat,  that  a  flagrant  case  of  the  kind  exists, 
which   would  warrant  such  impeachment.     It  was  a  brother  of  this  Mr. 
Boulton  who  first  spread  the  report  in  the  steam  boat,  in  which  I  passed,  last 
Noveuiber,  from  York  to  Niagara,  that  Doctor  Strachan  was  raising  opposi- 
tion to  the  success  of  my  first  address  to  the  resident  land  owners  of  Upper 
Canada,  and  accusing  me  of  presumption  for  having  published  that  address  ; 
and,  I  am  now  informed  that  it  was  this  Mr.  Boulton,   Solicitor  General  of 
Upper  Canada,  and  one  of  his  brothers,  who  composed  ihe  disgraceful  hand- 
bill, printed  at  York,  and  circulated  there,  on  the  second  day  of  the  meeting 
of  the  Convention,  —  a  production  which  was  indignantly  refused  a  place 
in  the  Montreal  Herald ;   but  wh'ch  obtained   one   in   the   Upper   Canada 
PhcEuix,  —  a  production  which  will  paint  the  character  of  its  author  in  colors 
far  more  expressive  than  any  language  of  mine  can  display.     Let  our  new 
Governors  look  upon  this  production^  and  it  will  prove  the  best  mirror  in 
which  they  can  see  the  true  characters  of  some  now  holding  the  first  official 
situations  in  Upper  Canada.     (Boulton  is  now  degraded,  and  the  Lawyefs 
gown  taken  from  his  brother.) 

Gentlemen !  for  nearly  three  months  I  have  been  harassed,  and  ah  my 
plans  deranged  by  arrests,  and  law  prosecutions  :  —  for  nearly  three  months 
the  chain  of  communicafion  has  been  broken  off"  between  my  family  and 
me.  I  am  now  hurrying  to  New  York,  to  receive  accounts  of  my  private 
affairs,  '  hich,  in  the  expectation  of  going  home,  I  ordered  to  be  sent  to  me, 
there,  six  months  ago.  My  first  duty  is  due  to  my  family.  If  that  calls  me 
to  England,  I  must  go:  if" it  admits  of  my  return  to  Upper  Canada.  I  shall 
immediately  return.  I  am  most  anxious  to  return,  for  these  times  are  big 
with  the  fate  of  this  Province,  and  great  changes  must  be  made,  or,  a  Prov- 
ince of  Knsland,  it  cannot  long  remain.  If  I  come  back,  I  trust  I  shall  now 
be  free  from,  the  illiberal  attacks  of  Httle,  ignorant  men.  Had  I  na  been 
personally  assailed,  never  should  I  have  stooped  to  personality.  It  never 
could  give  me  pleasure  ;  but  without  the  use  of  it  my  writings  never  would 
have  aroused  the  people  of  Upper  Canada,  while  I  was  beaten  down,  on  all 
sides,  by  open  exposure.  Let  it  be  remembered,  that,  in  this,  I  have  only 
acted  up  to  the  motto  of  my  country,  "  Nemo  me  immme  Incessit.^' 

^  ROBERT  GOURLA\. 


I 


\i 


f 


^ 


^  \ff  %.  A  ^pnRmNO  ANIMAL ;  ^nd  this  in^  is  tiie  best 
definiui.  .  of  hpBL  'anerior  uiimals  conmunioate,  by  voice  |ii^  \y  sig- 
nal,  AiML^si>ac^|^|||l^,  through  time,  have  no  mvjdium  of  uSi^t^|||ce, 
generation  to  generation  remain  the  same.  They  arei|pS<ied 
that  perish ;  but  man  is  the  aspirant  to  excellence  i^d  he 
for  immortality.  His  spirit,  though  cradled  in  weakness  *',nd 
surrounded  with  difficulty,  is  destined  to  gain  the  ascendant  and  to 
triumph  over  every  ill, — to  enjoy  a  rational  millenium  on  earth  and  at 
last  to^oI4  converse  with  Heaven. 

Sudi  had  been  my  fate,  during  the  last  twenty-one  years,  that  I  should 
not  even  know  myself,  but  for  records  ; — should  not  distinctly  remember 
where  I  have  been,  how  employed,  who  with^  and  of  what  thinking, — 
should  never  be  able  to  maintain  my  rights  and  manage  my  aifairs ; — 
should  never  be  able  to  correct  my  errors  or  accomplish  my  undertak- 
ings. Persuaded  of  this,  I  bogan,  many  years  ago,  to  preserve  ,my 
papers;  and,  in  1826,  to  ^rtrit  them,  regularly  classed,  lettered,  and  num- 
bered, for  after  reftrence.  What  is  contained  within  this  cover  is  a  con- 
tinuation; and  should  I  live  to  have  peace  and  freedom,  these  docu- 
ments, however  worthless  by  themselves,  and  disjointed  as  at  present 
may  anable  me  to  mature  proj^cti  of  mightiest  moment  to  humanity. 

Even  at  p/esent  my  records  are  consolatory.  They  are  the  clue  to 
reflection  on  past  life ;  and  this  reflection  gives  assurance  that  the  chain 
of  causes  and  effects  proceeds  from  Almighty  power  :•— gives  assurance 
that  there  is  a  Pr'?vidence  —  a  Disposer  of  Events — a  Sa|>erior  Intelli- 
gence, whose  ways  are  not  as  our  way*;— who  can  guide  us  through 
darkness  fajto  light,  and  over  rugged  paths  to  tranquillity. 

It  is  nmurly  twenty-nine  years  sinc'e  I  engaged  in  the  service  of  la- 
borers. For  this,  I  was  maltreated  at  home :  for  this,  I  went  to  England 
and  was  persecuted  there :  this  kindled  my  zeal  m  Canada ;  and  for 
this,  I  was  banished :  in  the  gloomiest  stage  of  existence,  this  was  ever 
in  view ;  and  this  made  years  of  imprisonment  pass  swiftly  away ;  this 
has  deprived  me  of  all  property,  separated  me  from  my  children,  and  left 
me  alone  in  the  world ;  but,  my  records  give  assurance,  that  every  mis- 
fortune has  been  only  a  step  towards  good ;  and,  that  up  to  the  present 
moment,  all  is  for  the  best.  I  believe,  indeed,  that  no  other  train  of 
events  could  have  prepared  me  to  assert,  with  growing  confidence,  what 
no  other 'man  has  thought  of  or  dared  to  do,  that,  "  without  altering  a 
single  statute,  changing  a  singes  institution,  or  interfering  with  property 
the  whole  system  of  the  Poor  laws  and  rates  may  be  dispensed  with  in' 
twenty  years,  while  the  National  debt  may  be  paid  oflf,  within  fifty  ye^,.r; 
frmn  sales  of  colonial  lands." 

ROBT.  GOl/RLAY. 

2,  Bridge  Street,  Leith,  Nov.  26,  1829. 


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